FDA and EPA Tolerances and Testing for Pesticides in Foods

The Environmental Protection Agency (EPA) regulates pesticide chemical use in foods through a regulatory tolerance publication process. Under EPA regulations, specific pesticide chemicals may be used in specific foods for particular reasons. The amount and kinds of pesticide chemical residues permitted to remain on food vary according to FDA regulation.

Although EPA establishes pesticide use and tolerances for pesticide residues by its regulations, FDA enforces the EPA regulations through several provisions in the Food Drug and Cosmetic Act. The majority of FDA enforcement in the area of pesticide use in food growing, harvesting, storage, and distribution is focused upon imported raw agricultural commodities and imported processed foods.

When FDA determines that a pesticide chemical was used on a food for which EPA has not established a tolerance , or where the residue exceeds the residue tolerance level, the FDA will often issue an Import Alert for the specific grower/processor – product – pesticide combination and will automatically detain future shipments until it receives evidence that sufficiently establishes future shipments are not likely to contain the illegal pesticide or residues above the regulatory tolerance established by EPA.

FDAImports.com consultants and affiliated attorneys assist clients in complying with FDA and EPA requirements related to pesticide application and pesticide chemical residues.

Recently FDAImports.com co-founder, Benjamin England worked with FDA and EPA to amend a regulation that was causing imported processed foods to be automatically detained because FDA was requiring the reporting of pesticide chemical residue analyses on an “as is” basis (that is on a concentrated or processed basis) rather than on the “ready to eat” basis. The result of FDA’s misapplication of the EPA and FDA laws and regulations was that shipments of processed foods were being improperly refused by FDA. In addition, the food processors were being placed on Import Alert based upon this reporting error.

You can view FDA's pesticide Import Alerts by following the link to FDA Import Alert 99-05 (Raw Agricultural Commodities with Pesticides); FDA Import Alert 99-08 (Pesticides in Processed Foods); FDA Import Alert 99-14 (Countrywide Import Alerts for Pesticides in Raw Agricultural Commodities); and FDA Import Alert 99-15 (Countrywide Import Alerts for Pesticides in Processed Foods).

If you find you are affected by one of these FDA import alerts, contact us for assistance in obtaining removal from the alert.