Pesticides Safety Directorate's Winter Lettuce Enforcement Programme - 2003/04

Contents

Introduction

• EC MRLs
• UK MRLs
• Codex MRLs

The Sampling

Results: MRL Exceedances

Risk Assessments

Action

Results: Use of non-approved plant protection products

Risk Assessments

Action

Table 1

Exceedances of Codex, EC or UK Maximum Residue Levels

Table 2

Non-approved uses in UK/EU grown lettuce

Mark Wilson and Pam Lickiss

Pesticides Safety Directorate

Pesticide Registration and Enforcement Policy

June 2004

Introduction

• The results of the 2003/4 winter lettuce enforcement monitoring programme for pesticide residues are contained in this report. Surveys on illegal (non-approved) use, have been run for the last 9 years, but this is only the third time that samples have also been analysed for exceedances of Maximum Residue Levels (MRLs).
• MRLs are the maximum concentration of pesticide residue (expressed as milligrams of residue per kilogram of commodity), likely to occur in or on food commodities after the use of pesticides, according to Good Agricultural Practice (GAP). MRLs are intended primarily as a check that GAP is being followed, and to assist international trade in produce treated with pesticides. It should be noted that MRLs are not safety limits, and exposure to residues in excess of an MRL does not automatically imply a risk to health.
• There are three types of MRL:

(a) EC MRLs

The European Commission sets MRLs in community Directives which are transposed by Member States into national legislation. The relevant UK regulations, The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1999 (as amended), make it an offence to put into circulation any produce with a residue in excess of the statutory MRL.

(b) UK MRLs

As explained above, statutory MRLs are set as a direct result of EC Directives. The Regulations list the MRLs applicable in England and Wales (separate but similar arrangements apply in Scotland and Northern Ireland). Where no EC MRL has been set for a particular active substance (such as inorganic bromide), there is no statutory UK level set.

(c) Codex MRLs

Codex sets advisory MRLs, as opposed to statutory ones, to facilitate world trade.

• At present therefore, MRLs are a mixture of those set by Codex, those in EC Directives waiting to be transposed into UK legislation, and those already listed in the UK regulations.
• The Enforcement against excess residues of Codex MRLs including inorganic bromide is difficult in the absence of a statutory MRL in the relevant UK regulations. As such, this leaves two possibilities.
• Firstly, the general provisions of the Food Safety Act could be used. The food safety requirements are that food must not have been rendered injurious to health; be unfit; or be so contaminated - whether by extraneous matter or otherwise - that it would be unreasonable to expect it to be eaten. It is also an offence to sell food which is 'not of the nature, substance or quality demanded by the purchaser' to the prejudice of the purchaser.
• The second possibility is to take action on the basis of the general requirements in the UK’s pesticides legislation, to use pesticides with "all reasonable precautions”. The residues exceeding the Codex MRL can be used as evidence of the failure to take such precautions.
• It is much simpler to take enforcement action where there has been illegal, as opposed to excessive use, since it is an offence in itself to use a pesticide where there is no approval for the use in question.

• More information about MRLs and the legislation involved can be found on PSD’s website at /food_safety

The Sampling

• For the 2003/04 programme, samples of winter lettuce were collected from growers, nurseries, wholesalers and retail outlets. Between November 2003 and January 2004 a total of 161 samples were tested. Most samples were of UK origin but there were 9 samples of non-UK European origin. The most frequently sampled lettuce variety was the ‘round’ or ‘roundhead’ lettuce, making up 87.6% of the samples taken.

Samples were analysed for:-

1. Checks on illegal use

• Chlorothalonil
• Dimethoate
• Omethoate
• Oxadixyl
• Quintozene
• Vinclozolin

2. Checks on compliance with MRLs

• Cypermethrin
• Inorganic Bromide
• Iprodione
• Metalaxyl
• Pirimicarb
• Propyzamide
• Tolclofos-Methyl

Thirteen samples were found to contain residues exceeding the Codex MRL for inorganic bromide and pirimicarb

One sample was found to contain a residue exceeding the EC MRL for iprodione.

Nine samples were found to contain residues of non-approved pesticides, of which one sample was from outside the UK. The results are given in Tables 1 – 2.

MRL Exceedances

Results:

• Table 1 lists the samples where residues were detected which exceeded Codex and EC MRLs respectively. In summary;
• Eleven samples showed exceedances of inorganic bromide. (Residues of inorganic bromide result from the application of methyl bromide, a soil sterilant commonly used in the control of fungus in lettuce).
• One sample contained an exceedance of pirimicarb.
• One sample contained an exceedance of both inorganic bromide and pirimicarb.
• One sample contained an exceedance of iprodione.

Risk Assessments:

• Risk assessments were undertaken for Codex and EC MRL exceedances.
• The acute reference dose (ARfD) for inorganic bromide is 0.9 milligrammes per kilogramme body weight per day (mg/kg bw/day).
• The acceptable daily intake for pirimicarb is 0.02 mg/kg bw/day.
• The acceptable daily intake for iprodione is 0.06 mg/kg bw/day.

Action:

• The levels of Codex MRL exceedances of inorganic bromide were found to be significantly lower during this lettuce enforcement programme than previous programmes. Based on the ARfD, no exceedances were considered to be a risk to the consumer.
• All growers with an exceedance with respect to Codex/EC MRLs have been contacted giving advice on correct use.

Use of Non-Approved Plant Protection Products

Results:

• Table 2 shows those samples which were found to contain residues of active substances for which there are no products approved for use on lettuce. In summary:
• Five samples were found to contain residues of oxadixyl (all originating from the same grower).
• Two samples were found to contain residues of chlorothalonil.
• Two samples were found to contain residues of vinclozolin, of which one sample was grown outside the UK.

Risk Assessments:

• Based on the ADIs, risk assessments show that none of the levels found posed a risk to consumers.

Action:

• Regulatory action is being considered with regard to the cases where residues of pesticides, not approved for use on lettuce.

Table 1

Results of PSD’s 2003/04 Enforcement Monitoring Programme.

Exceedances of Codex, EC or UK Maximum Residue Levels in UK grown lettuces.

Table 2

Results of PSD’s 2003/04 Enforcement Monitoring Programme

Residues of non -approved pesticides found in UK of EU grown lettuce

* Non UK grown lettuce

Codex Alimentarius Commission (Codex) is a subsidiary body of the Food and Agriculture Organisation of the United Nations (FAO) and the World Health Organisation (WHO). It was set up to facilitate world trade in foods, setting internationally accepted standards based on added protection for consumers' health. Membership is open to all member nations and associate members of the FAO and WHO. Industry and consumer organisations are also involved.

For further information about the Food Safety Act please contact Mary Clarke, Food Labelling & Standards Division, Food Standards Agency, email: mary.clarke@foodstandards.gsi.gov.uk, tel: 0207 276 8139, Fax: 0207 276 8193.