Report on the Organic Monitoring Program of Baden-Württemberg 2023

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

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 2023 a total of 355 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 contaminants such as perchlorate, melamine and cyanuric acid). Including those in the preliminary screening of samples, this spectrum exceeds 1,000 substances.

 

 

Fresh Fruit and Vegetables

As in previous years, fresh organic fruit and vegetables performed significantly better in 2023 than conventionally produced fresh products. There were no detectable pesticide residues in 77% of the organically grown samples (75% in 2022; 76% in 2021; 68% in 2020; 77% in 2019; just under 60% in 2018; 50% in 2017; 65% in 2016; just under 60% in 2015; 52% in 2014; and 60 to 77% in 2013 and earlier). The rate for this reporting year is almost identical to the years of 2022, 2021 and 2019 and somewhat higher than the value in 2020, but it continues to achieve a high level.

 

The percentage of samples containing residues of multiple pesticides in 2023 was 5.6%, which was lower than all the years since 2018 (7.0% in 2022; 8.7% in 2021: 11% in 2020; 6.4% in 2019 – the then lowest level; and 10.5% in 2018). Compared to the years before 2018, the rate for 2023 was significantly lower still: (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 averages over the last five years dropped significantly.

 

The majority of residues detected were only in trace amounts (< 0.01 mg/kg), which are 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 past few years, and has dropped significantly since the organic monitoring program began 22 years ago. In 2023 in the category of fresh products (fruit, vegetables, potatoes/starchy plants and mushrooms) one sample of avocadoes of origin unknown, one sample of lemons from Italy, one sample of sweet potatoes from Egypt and one sample of king oyster mushrooms from Germany were judged to be fraudulent due to the labeling of "organic" on products with elevated levels of plant protector residues. The organic lemon sample was found to contain substances and residue levels typical of conventional products, leading to the suspicion of a falsely declared conventional product. In the previous year of 2022, two samples of oranges and one of kiwi, both from Italy, as well as one sample of bell peppers from Spain, were also thusly judged, whereas two years ago (2021) no sample was deemed fraudulent. In 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 found so.

 

In this reporting year there was one case of fresh organic food samples reported for containing pesticide residue levels exceeding the legally valid maximum levels as stipulated in regulation (EC) No. 396/2005. The affected sample was the above-mentioned sweet potato from Egypt, with residues of the growth regulator mepiquat; the exceedance was not analytically verified, however, given the measurement uncertainty of 50%. In 2022 was another such case (tomatoes from Spain that contained the substance tetramethrin), but in 2021 there were no such organic samples.

 

The rate of violations in this reporting year for organic fruit was 2.4% (3.4% in 2022; 0% in 2021; 3.0% in 2020; and 2.4% in 2019) and for organic vegetables 0.8% (0.7% in 2022; 0% in 2021; 2.2% in 2020; and 1.0% in 2019). The rate of violations for all organic fresh foods in the years from 2011 to 2020 stayed well under 5%, while the rates before 2010 were significantly higher, with averages as high as 8.5%. In this reporting year (overall rate of 1.9% compared to 1.8% in 2022; 0% in 2021 and 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

The sheer presence of plant protection substances can be seen by the average amounts of pesticide found in the samples, as the following tables show.

 

 

* excluding surface treatment substances or preservatives such as phosphonic acid and bromide** excluding phosphonic acid and bromide

 

The average amount of pesticide residues detected in all analyzed organic fruit samples this reporting year was 0.027 mg/kg, and for all analyzed organic vegetable samples, 0.004 mg/kg, when all organically labelled samples, also those with fraudulent organic labeling, were included in the calculation. The averages dropped to 0.002 and 0.003 mg/kg, respectively, when suspect samples were excluded. These samples included those that had been conventionally produced, those mixed with conventional products, and those that were not in conformity with organic farming regulations as evidenced by the pesticide residue situation. The average amounts have remained low over the last years, with very little variation (see table). The deviant value for organic fruit in this reporting year is due to the above-mentioned non-compliant organic lemon, since this value mirrors those of previous years when this sample is omitted.

 

Conventionally produced fruit contained an average of 0.44 mg/kg plant protector residues (excluding surface treatment substances, phosphonic acid and bromide) and vegetables 0.49 mg/kg (excluding phosphonic acid and bromide). The reason for the higher amount of pesticides is due to the application of synthetic plant protection substances that are authorized for conventional cultivation; their residues are often unavoidable in the treated plant cultures. An extensive 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 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 thus differ significantly from conventional goods in terms of contamination from pesticide residues, which the organic monitoring program has clearly demonstrated over the past 22 years.

 

Processed Plant-based Foods

The rate of violations (due to false organic labeling) among processed foods in this reporting year was 3.6%, about twice as high as the rate of 1.9% for fresh organic ware, but still at the constant lows of previous years (2.2% in 2022; 3.1% in 2021; 2.4% in 2020; and 2.6% in 2019). The rate for processed foods has remained between 2.2% and 7.0% since 2011, whereas before 2011 it was generally > 8%.

 

It must be considered, however, that, due to the ever increasing availability of new food products, short-term projects are carried out from year to year 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 2023 were found in oilseeds, frozen herbs, tea, and plant-based nutritional supplements (NS). These involved one sample of sunflower seeds (Germany) with residues of the herbicide prosulfocarb; one sample of mushroom-based NS (organic cordyceps, origin unknown) with residues of the growth regulators chlormequat and mepiquat; one sample of moringa tea (Spain) with residues of the fungicide dithiocarbamate; and two samples of frozen herbs. The herbs included frozen dill (Germany) with residues of the fungicide and preservative orthophenylphenol and the herbicide chloridazon and/or its degradation product chloridazon-desphenyl, as well as frozen chives (origin unknown) with residues of the herbicide chloridazon/chloridazon-desphenyl.

 

In this reporting year, as in the past few years, there was no accumulation of violations (from false organic labeling) in a particular food category.

 

In the previous year (2022) there were four conspicuous samples: dried pineapple (Ghana) with residues of the herbicide haloxyfop; linseed (Kazakhstan) with residues of the herbicide diquat; and two samples of chia seeds (Paraguay and unknown) with residues of the herbicide paraquat and/or the after-harvest/storage protection-insecticide pirimiphos-methyl.

 

The two substances diquat and paraquat were only integrated into the routine investigative spectrum in 2022, when methods for analyzing them became available.

 

Two years ago (2021) there were five violatory samples: frozen chives (origin unknown), due to elevated quantities of the herbicide chloridazon or its degradation product chloridazon desphenyl; almonds (U.S.A.) with residues of the herbicide glufosinate; dried goji berries (China) with residues of the insecticide flonicamid; dried figs (Turkey) with the insecticide/acaricide chlorpyrifos-methyl; and dried pineapple (Ghana) with the herbicide haloxyfop.

 

In 2020 there were three such samples: frozen dill and frozen parsley due to elevated quantities of chloridazone/chloridazon-desphenyl, and barley grass (dried powder) with residues of the growth regulator dikegulac.

 

In 2019 there were 4 samples in violation: 2 samples of frozen herbs with chloridazon or chloridazon/-desphenyl and 2 samples of dried herbs (bay leaves with the insecticide acetamiprid and oregano with the fungicide 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 this reporting year, two samples (1.4%) exceeded the valid maximum residue levels, analytically verified, taking processing factors into consideration. These included frozen dill (Germany) with ortho-phenylphenol and moringa tea (Spain) with dithiocarbamate.

 

Three further samples also exceeded the limit, but the findings were not analytically verified. These involved sunflower seeds (Germany) with prosulfocarb, dried pineapple (Ghana) with haloxyfop, and prepared fruit for babies and young children (origin unknown) with pyrimethanil.

 

In 2022 two samples (1.0%) exceeded the valid limit, analytically verified: dried pineapple (Ghana) with haloxyfop and chia seeds (Paraguay) with paraquat. Another sample of chia seeds (Bolivia) exceeded the legal limit for haloxyfop, but this was not analytically verified.

 

In 2021 three samples (1.9%) were found to have exceeded valid maximum levels, analytically verified: dried figs (chlorpyrifos-methyl), dried pineapple (haloxyfop), and dried moringa leaf powder (chlorantraniliprole and lambda-cyhalothrin).

 

 

Overview of Violations

The following table gives an overview of violations for organic samples analyzed over the last several years. Fortunately, this rate has decreased in general, and has been consistently < 5% over the last six years (2017 to 2023).

 

 

The following table gives an overview of all organic samples analyzed in 2023 for residues of plant protector substances and their rate of violations, itemized by food group (matrix).

 

Processing factors are taken into consideration for processed products. No percentage is given for sample sizes < 5 Substances that are allowed in organic farming and those with different modes of entry are excluded here (see section on "Special Findings").
¹⁾ Only samples analytically verified to contain amounts above the orientation value of 0.01 mg/kg for organic foods are included.
²⁾ Maximum residue levels established by Regulation (EC) No. 396/2005 (exceedances with and without analytical verification); excluded are formal objections due to substances in the section "Special Findings".
³⁾ With consideration of processing factors for the respective processed products. Without consideration of the separately listed substances found in the section "Special Findings" or the substances authorized for use in organic farming.

 

 

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

In 2023 all 355 samples from organic production were analyzed for residues of nicotine.

 

A refined method for analyzing the parameters of nicotine in plant-based matrices including a preliminary screening step was already established several years ago by CVUA Stuttgart. Due to findings of low levels (under 0.01 mg/kg) of nicotine in plant-based foods, a model trial was carried out in 2017 to determine to what extent the consumption of tobacco products would cause nicotine to transfer from hands onto food (see here the Organic Monitoring report from 2017, pg. 17; CVUA Stuttgart | Report on the Organic Monitoring Program of the Year 2017). These investigations showed that nicotine could indeed be transferred to fruit and vegetables in measurable amounts when a smoker touched these foods shortly after having smoked a cigarette. The transfer of nicotine was even higher for wet foods, such that the detected amounts reached the low-set legal maximum 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 2024.

 

In this reporting year 3 out of 355 samples (0.9%) contained nicotine > 0.01 mg/kg, under partial consideration of drying and processing factors. As with 2022 (also 0.9%: 4 of 423), this average rate is the lowest among recent years: 9 of 371 samples (2.4%) in 2021; 6 of 343 (1.8%) in 2020; 13 of 358 (3.6%) in 2019; 9 of 355 (2.5%) in 2018; and 19 of 324 (5.9%) in 2017.

 

One of the 3 samples from 2023 (herb-based nutritional supplement in powder form "Organic Triphala") was in violation for an exceedance of the maximum level, analytically verified (0.3%). In the two previous years there had been no conspicuous samples found. In 2020 one sample (0.3%) was in violation, in 2019 again no samples, while in 2018 one sample (0.3%) and in 2017 four samples (1.2%) were violatory.

 

The second sample (0.3%) exceeded the legal maximum level (0.01 mg/kg) within the margin of measurement uncertainty, albeit without verification (lamb's lettuce from Germany). This case was highlighted in a report drawing attention to the increased residue level. In 2022 there were also two such samples (0.5%), in 2021 three samples (0.8%), in 2020 one sample (0.3%) and in 2018 and 2019 two samples each (0.6% each) that were conspicuous.

 

The third sample (black tea with unknown origin) contained residues in amounts lower than the valid maximum levels, but high enough that they were also highlighted in a report.

 

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

 

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

 

* Maximum residue limit is valid for the fresh product
** Maximum residue limit is valid for the dried product

 

Trimethylsulfonium-Cation (Trimesium)

In 2023 all 355 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 doesn't form as a result of an application, 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.

 

There are indications, however, that trimesium is formed during the drying process in tea and other dried foods, therewith causing contamination of such foods. The analytical results also show that dried samples contain higher levels of trimesium in general. Further investigations and process controls are needed in order to clarify whether the formation of trimesium during the drying process can be reduced by means of appropriate processing procedures. Enforcement measures in Baden-Württemberg are currently suspended until a final clarification can be made.

 

In 2023 residues of trimethlysulfonium-cation were detected in 5 samples (1.4%), compared to 11 of 423 samples (2.6%) in 2022; 16 of 371 (4.3%) in 2021; 16 of 343 (4.7%) in 2020; 11 of 358 (3.1%) in 2019: 6 of 355 (1.7%) in 2018; and 28 of 324 (8.6%) in 2017. One of these (0.3%) was analytically verified to have exceeded the maximum residue level (under consideration of drying factors). This involved a black tea sample from an unknown origin. There were two cases of nominal, but unverified, exceedances of the maximum level involving moringa tea and moringa plant powder. The legal maximum level for all of the listed samples and matrices is 0.05 mg/kg.

 

The previous year (2022) saw conspicuous findings for 2 of 423 samples (0.5%), for 3 of 371 (0.8%) in 2021, and for 6 of 343 (1.7%) samples in 2020, although no analytically verified exceedances of the maximum level were found. In contrast, no samples were notable in 2019 and 2018, but 2017 saw violations for fully 10 of 324 analyzed samples (3.1%).

 

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

 

 

Reports on these particular matrices suggest possible paths of entry and formation of the substance. Normally, however, neither the pathway nor the source of these detected residues are known to the experts (as with the case of nicotine), so an organic label isn't judged as fraudulent. Nevertheless, an indication is made that a provable, intentional application of a 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 2024.

 

Phosphonic Acid, Phosphonates, and Fosetyl

In this reporting year all of the 355 samples from organic culture were 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). This residue definition has been discussed at the EU level for quite some time, however, and is expected to be changed to include only phosphonic acid ((phosphonic acid and their salts (phosphonates), expressed as phosphonic acid)).

 

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). 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 food matrices.

 

 

In 2023 a total of 8 of the 355 samples (2.3%) contained detectable residues, whereby a significant decrease can be seen over the past few years. The average from this reporting year was again lower than the already significantly low values over the last four years: 17 of 429 samples (4.0%) in 2022; 15 of 371 samples (4.0%) in 2021; 23 of 343 (6.7%) in 2020; 21 of 358 (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 wide range of detectable levels of phosphonic acid, from amounts of 0.1 mg/kg to 1.3 mg/kg each in a German zucchini sample and an Italian lemon sample, and even as high as 79 mg/kg (!!) in a sweet almond sample from the USA. Herewith was a sample of over 10 mg residue/kg sample to be registered. Such values have only appeared in rare instances and individual cases, however.

 

It is also interesting to note that, in all of the analyzed samples, only residues of phosphonic acid were detected, whereas no residues of fosetyl per se were detectable. This points to the possible application of a phosphonate-containing fertilizer, which 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), 7 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 attempt to identify and ultimately minimize the possible paths of entry. This compares to 17 cases in 2022; 10 in 2021; 22 in 2020; 13 in 2019; 22 in 2018; 21 in 2017; and 43 in 2016.

 

None of the 355 analyzed samples exceeded the valid maximum sum levels for fosetyl (sum of fosetyl and phosphonic acid and their salts, expressed as fosetyl) as stipulated by Regulation (EC) No. 396/2005. This compares to 1 of 429 (0.25%) in 2022; 0 of 371 (0%) in 2021; 1 of 343 (0.3%) in 2020 and 2 of 358 (0.6%) samples in 2019.

 

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 foods such as apricots, peaches, plums, passion fruit, bananas, mangos, carrots, beans, fennel, rhubarb and mushrooms, up to values as high as 1,500 mg/kg for almonds and even as high as 2,000 mg/kg (!) in hops and some herbal teas.

 

Chlorate and Perchlorate

In 2023 all 355 samples from organic cultivation were also analyzed for residues of chlorate and the environmental contaminant perchlorate (see Info Boxes on chlorate and perchlorate).

 

As with nicotine, fosetyl and phosphonic acid, the unique properties of these two substances preclude their integration in the investigative spectrum of substances analyzed by the QuEChERS multi-method, thus requiring their own processing and analytical methods.

 

New legal maximum levels for chlorate of between 0.05 and 0.7 mg/kg (excluding food for babies and young children (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 1 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 various reference values for perchlorate, depending on the matrix. Though not legally binding, these 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 this time, excluding food for babies and young children) are included in the chart.

 

Perchlorate was detected in 56 of the 355 (16%) analyzed organic samples. This compares with 18% in 2022; 16% in 2021; 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). Chlorate residues were found in 52 samples (15%). Previous years saw 16% in 2022; 11 in 2021; 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.

 

Analogous to phosphonic acid, these findings were also widely dispersed among different matrices and diverse countries of origin, and thus cannot be reduced to individual food types or country of origin in terms of their occurrence.

 

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

 

 

Among the food for babies and young children that were analyzed, for which significantly lower maximum residue levels are valid (see above), 1 of the 9 samples exhibited residues from one of these two substances. This was a sample of prepared fruit with 0.017 mg/kg of chlorate. This slightly elevated residue value was referenced in a report.

 

In the previous year (2022) none of the 16 samples contained either of these two substances. In 2021 only 1 of 17 analyzed samples contained chlorate in spelt cereal porridge (to be prepared with milk or water) whose amount found in the finished prepared product lay under 0.01 mg/kg.

 

Chlorate and perchlorate have been routinely analyzed within the scope of the organic monitoring program since 2013. These substances will continue to be investigated in 2024.

 

Perchlorate

In this reporting year all of the 355 analyzed samples were evaluated in accordance with the new legal maximum levels for perchlorate established by the EU contaminants ordinance (Regulation (EC) No. 188/2006), valid since July 2020, which one sample of moringa tea (0.3%) significantly exceeded. The amount was so high that even the toxicological reference dose was exhausted and the sample was judged to be an unsafe food.

 

In the previous year (2022), none of the samples exceeded the legal level. However, in 2021 one of the 371 (0.3%) analyzed samples did exceed the maximum: dried alaria brown algae in powder form.

 

In 2020 two samples of moringa leaf powder (0.6%) would have also exceeded the maximum levels. However, these samples were collected and analyzed well before the date of validity for these new levels, so they were assessed based on the then valid EU reference value. These reference values were not legally binding, but were to ensure the marketability of the products.

 

CVUA Stuttgart addressed the issue of perchlorate as many as nine years ago. Since then, the levels of perchlorate residues found in plant-based foods have declined due to a reduction in the use of perchlorate containing fertilizers. Nevertheless, the German Federal Institute for Risk Assessment (BfR) recommends a further reduction due to toxicological concerns (bfr.bund.de).

 

These new EU-wide valid maximum levels, now established and legally binding for a good three years, represent an important step and great success for consumer and health protection. Through its work and analyses, CVUA Stuttgart has played a significant role in the introduction of these maximum levels.

 

 

Chlorate

A total of 35 of the 355 analyzed samples (9.9%) contained chlorate residues > 0.01 mg/kg, compared to 12% in 2022, 7.8% in 2021, 7.6% in 2020, 7% in 2019, 3.9% in 2018, 6.8% in 2017, 6.2% in 2016, 11% in 2015, and 16% in 2014). Although possible paths of entry are known, 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 only become valid in July of that year were already being applied. These lay between 0.05 and 0.7 mg/kg, with the exception of food for babies and young children (0.01 mg/kg). In this reporting year one sample of moringa tea (the same sample with perchlorate) exceeded the maximum level, analytically verified, and was thus reported for a violation. This was not the case for any of the analyzed samples in 2022.

 

In 2021 two samples did present residues above the maximum level, but these were not analytically verified (1x sesame and 1x chlorella algae in powder form, both from origin unknown). For comparison, one sample of chia seeds (origin unknown) was in violation for a verified exceedance in 2020.

 

There have been newly derived toxicological assessments regarding chlorate residues in food (acute reference dose of 0.036 mg/kg bodyweight and day) since 2015, provided by the European Food Safety Authority (EFSA). Based on these assessments, none of the samples analyzed in 2023 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.

 

 

Other notable and interesting findings from reporting year 2023

The following section highlights results from special substances that, due to particularities in their occurrence and application or in response to special questions posed, require a separate analysis. It is usually necessary to utilize single methods for such processing and analysis. However, the extra work and costs also provide more consumer protection.

 

Melamine

Melamine is not a pesticidal ingredient, but rather a contaminant, for which a general maximum level of 2.5 mg/kg in food has been established, in accordance with EU Contaminant Ordinance No. 1881/2006. Melamine is included in the routine analytical spectrum of substances investigated at CVUA Stuttgart, so every sample is also analyzed for it.

 

Melamine was detectable in 24 of the 355 organic samples (6.8%) analyzed in 2023, at levels above 0.01 mg/kg (compared to 6.1% in 2022; 4.9% in 2021; 5.8% in 2020; and 9.5% in 2019). Four of these samples (1.1%) contained amounts above 0.10 mg/kg (0.7% in 2022; 0.3% in 2021; 1.2% in 2020; and 3.9% in 2019). This involved one sample each of oranges with 0.16 mg/kg, lemons with 0.13 mg/kg, iceberg lettuce with 0.12 mg/kg, and new potatoes with 1.8 mg/kg. In 2022 there were 3 samples: linseed with 0.36 mg/kg, cucumber with 0.47 mg/kg, and king oyster mushrooms with 1.0 mg/kg. In 2021 there was one sample of cucumber with 0.47 mg/kg, and 2020 saw 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.

 

There were no cases of MRL exceedance for melamine in this reporting year, nor for the previous three years. The only exceedance thus far was in a sample of organic potatoes from Germany detected in 2019 with residue levels of 6.3 mg/kg, which was analytically verified.

 

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 frozen vegetables

In this reporting year a total of 13 of the 355 analyzed samples (3.7%) were found to contain detectable residues of chloridazon-desphenyl, the main degradation product of the herbicide chloridazon. This compares with 0% in 2022, 1.1% in 2021, 1.5% in 2020, and 0.8% in 2019. The reason for this some-what higher rate compared to previous years lies in the focus in 2023 on frozen goods (herbs and vegetables), which have shone irregularities now and again in the past.

 

The 13 samples included frozen herbs (7x), frozen beans (4x), frozen carrots (1x), and fresh pumpkin (1x). None of these cases exceeded the maximum level set by regulation (EC) No. 396/2005. The detected residue amount for two of these samples (frozen dill and frozen chives) lay, analytically verified, above the orientation value of 0.01 mg/kg for organic foods, however, and the application of synthetic plant protectors (like chloridazon) is not authorized for organic farming in general. Both of these samples were therewith judged to be fraudulent in view of their organic labeling. An additional 6 samples (2x frozen beans, 3x frozen herbs, 1x pumpkin) also exceeded the orientation value, but this was not analytically verified; the slightly elevated quantity was referenced in a report. The remaining samples contained quantities under 0.01 mg/kg.

 

The previous year (2022) saw no problematic samples regarding residues of chloridazon(-desphenyl).

 

In 2021 one sample of frozen herbs (chives), two samples of frozen spinach, and one sample of frozen peas from organic cultivation were detected with the degradation product of the herbicide chloridazon. None of these cases exceeded the maximum level set by regulation (EC) No. 396/2005. The amount of residues detected in the chives sample was significantly and verifiably above the orientation value of 0.01 mg/kg for organic foods, however, and thusly judged to be fraudulent in view of its organic labeling. One of the two frozen spinach samples exceeded the orientation value, not verified; the slightly elevated value was highlighted in a report. Both of the other two samples had quantities below 0.01 mg/kg.

 

In 2020 two samples of frozen herbs (parsley and dill), two samples of frozen spinach and one sample of frozen green beans from organic cultivation were detected with residues of chloridazon-desphenyl. The maximum level set by regulation (EC) No. 396/2005 was not exceeded in these cases. However, the frozen dill and parsley samples contained residue levels above the orientation value of 0.01 mg/kg for organic foods and were therefore judged to be fraudulent due to the organic labeling. The three remaining samples all lay just under 0.01 mg/kg.

 

Even as recently as 2019 there were detectable amounts of chloridazon-desphenyl found in three samples of frozen herbs (dill and chives). Two of these samples were determined to be fraudulent, given the misleading organic labeling; the third sample was highlighted for slightly elevated quantities.

 

The substance chloridazon is no longer authorized for use in the EU. However, frozen foods don't (usually) indicate the country of origin, so the herbs and vegetables can also stem from third countries.

 

Anorganic Bromide

Bromide (degradation product of the fumigant methyl bromide) can be found, sometimes in higher levels, in our analyzed samples, both organic and conventional. A fast and effective fumigant, methyl bromide was widely used for a long time. 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 by 2015. Since 2015 the application of methyl bromide has been extremely restricted worldwide. A continuing reductionary trend in bromide residue amounts is therewith to be expected in the coming years. Bromide can also occur naturally in soil, however, and there is indication that the naturally occurring quantities of bromide can be higher near the sea or in former marine areas. 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 are accepted as having come from natural sources.

 

In this reporting year 5 of the 355 analyzed samples (1.4%) presented with amounts of > 5 mg/kg, compared to 5 of 423 samples (1.2%) in 2022; 15 of 371 samples (4.0%) in 2021; and 15 of 343 samples (4.4%) in 2020. These included 2 samples of fresh arugula (both from Italy), 1 sample of frozen basil (origin unknown); 1 sample of chick peas (origin unknown); and 1 sample of moringa tea (Spain).

 

In their reports, CVUA Stuttgart draws attention to detected bromide residues in organic samples that exceed 10 mg/kg (analytically verified exceedances of the orientation value, considering processing/drying factors). All 5 samples with detectable residues of bromide lay above 10 mg/kg. In the previous year (2022) all 5 samples were under this value. In 2021 there were residue amounts above 10 mg/kg detected in 11 samples; in 2020 there were 4 such samples.

 

Hydrogen Phosphide (Phosphine)

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 14 organic samples specifically for residues of the fumigant hydrogen phosphine (sesame, nuts, lentils, rice, and chick peas). From 2017 to 2020 phosphine residues were found mainly in dried legumes (lentils) and cereals (rice).

 

Two of the analyzed samples (14%) contained residues of phosphine (compared to 0% in 2022; 38% in 2021; 32% in 2020; 33% in 2019; 14% in 2018; and 12% in 2017). These were red lentils (origin unknown) and sesame (Egypt). In this reporting year, as also in previous years with the exception of 2022, the levels of residues found were usually very low, less than 5 µg/kg (0.005 mg/kg). The lowest maximum level for phosphine (10 µg/kg) established by Regulation (EC) No. 396/2005 was thereby significantly undercut.

 

In 2023 as well as in the 3 previous years there were no violations for organically grown samples, either due to an MRL exceedance or to fraudulent organic labeling. In 2019, however, one sample of lentils from Turkey stood out for constituting a violation.

 

Analyses of phosphine were also conducted on 25 samples of conventional products in 2023 (lentils, beans, chick peas, rice, sesame and nuts). Residues were detected in 7 samples (28%); one sample of chick peas from Turkey, 1 sample of red lentils from Canada, and 1 sample of rice (origin unknown) contained quantities under 0.01 mg/kg each. In addition, 2 samples of green lentils from Turkey and 1 sample of chick peas from Mexico had amounts over 0.01 mg/kg, and a sample of sesame of unknown origin contained more than 0.05 mg/kg. All of these cases were thereby above the legal maximum level.

 

CVUA Stuttgart published a report (in German) on the internet website ua-bw.de 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

Investigations, results and background information on this topic can be found in reports published by CVUA Stuttgart in the years 2020 and 2021 (10 Dec. 2020, 28 July 2021 and 17 Aug. 2021) at the following website link: ua-bw.de.

 

In this reporting year a total of 30 samples of organic produce were analyzed for residues of ethylene oxide and its degradation product 2-chloroethanol. No samples were found to contain any ethylene oxide. However, residues of 2-chloroethanol were detected in 3 samples (10%), compared with 1 of 43 (2.3%) in 2022 and 9 of 134 samples (6.7%) in 2021. The 3 samples comprised powder-formed capsules of nutritional supplements (NS), including organic moringa, organic cordyceps, and bio triphala, in amounts of 3.8 mg/kg, 4.0 mg/kg, and 366 mg/kg. This equates to 2.1 mg/kg, 2.2 mg/kg, and 200 mg/kg calculated as ethylene oxide. There are no valid maximum levels for NS listed in Regulation (EC) No. 396/2005. Nevertheless, toxicological reference values were either completely exhausted or exceeded here, so all 3 samples were judged to be unsafe, hazardous foods.

 

As Comparison:

In the previous year (2022) a total of 43 organic samples were analyzed for residues of ethylene oxide and its degradation product 2-chloroethanol. Here there was one sample (2.3%) with detectable residues of 2-chloroethanol, but none with residues of ethylene oxide. The sample was freeze-dried acai berries in powder form, with an amount of 0.38 mg/kg (corresponds to 0.21 mg/kg when calculated as ethylene oxide). Factoring in drying factors, the valid maximum level of 0.02 mg/kg set by Regulation (EC) No. 396/2005 was exceeded by this sample, albeit not analytically verified. However, since the orientation value of 0.01 mg/kg for organic products was exceeded and this substance is not authorized for use in organic farming, the organic labeling was reported as fraudulent.

 

The 9 organic samples with determinable residues found in 2021 were arrayed as follows: vegan soy-based sausage substitute, barley grass powder, milk thistle powder, turmeric powder, red maca powder and moringa oleifera leaf powder (4x).

 

The detected amounts of 2-chloroethanol ranged from 0.065 mg/kg in a vegan soy-based sausage 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.

 

Five of these samples exceeded, analytically 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 (4 cases were judged to be a health hazard and 1 was deemed unsuitable for consumption). The samples involved included 4 samples of moringa oleifera leaf powder and 1 sample of barley grass powder.

 

Authors

Marc Wieland, Kathi Hacker and Ellen Scherbaum, CVUA Stuttgart

Translator

Catherine Leiblein

 

 

Report published on 12.08.2026