Q & A Regulations
Answers provided by USDA and U.S. EPA
Q: How can the public be confident that pesticides with no tolerance levels are safe?
A: A tolerance, or the exemption from the requirement of a tolerance, must be established for each active and inert ingredient in the formulation before a pesticide can be registered for use on a food or feed crop, or for use in a food processing or storage area. Pesticides registered for use on organic and conventional crops undergo the same rigorous scientific evaluation by U.S. EPA to ensure they will not harm people when used according to label instructions. When a pesticide is exempt from the requirement of a tolerance, this means the agency has determined that all levels of the pesticide that may remain in food under the conditions of use are safe. More information on tolerances is posted at: https://www.epa.gov/pesticide-tolerances
Q: Which pesticides approved for use on organic crops are exempt from the requirement of a tolerance level?
A: Pesticides approved for use on organic crops and exempt from the requirement of a tolerance are on the USDA’s National List of Allowed and Prohibited Substances at:
https://www.ams.usda.gov/rules-regulations/organic/national-list-allowed-and-prohibited-substances.
Q: What is a minimum-risk pesticide?
A: Minimum-risk pesticides are a special class of pesticides not subject to federal registration requirements because their ingredients are considered safe and pose little to no risk to human health or the environment if used according to label directions. More information about minimum-risk pesticides, including ingredients, is posted at: https://www.epa.gov/minimum-risk-pesticides.
Q: What data sources are available to the public that show pesticide use on organic crop production?
A: Since 1991, the National Science Laboratory chemistry staff has performed pesticide residue analysis for the annual USDA Pesticide Data Program report. This program evaluates pesticide residues on agricultural commodities, including organic, in the U.S. food supply, emphasizing commodities highly consumed by infants and children: https://www.ams.usda.gov/datasets/pdp.
In California, the Department of Pesticide Regulation purchases fresh organic and conventionally grown produce at retail and wholesale outlets, distribution centers and farmers’ markets throughout the state to test for illegal pesticide residues. The Pesticide Residue Monitoring Program also emphasizes commodities consumed by infants and children: https://www.cdpr.ca.gov/docs/enforce/residue/rsmonmnu.htm.
Both the USDA Pesticide Data Program and California Pesticide Residue Monitoring Program consistently find that most produce samples have no detectable pesticide residues or residue levels at or below U.S. EPA tolerance levels.
Q: Is there a program that specifically tests organic produce for pesticide residues?
A: Since 2013, USDA has required certifying agents to annually sample and conduct residue testing from a minimum of 5 percent of the operations they certify. This testing helps certifying agents identify and take enforcement action against farms and businesses intentionally using prohibited substances or methods. Test results also help certifying agents identify and address instances in which organic produce may have unintentionally been exposed to prohibited substances. For example, test results may suggest pesticide drift from neighboring farms or facilities, leading certifying agents to require a larger buffer zone between the organic and conventional farms or better cleaning before organic products use shared-handling facilities. More information is posted at: https://www.ams.usda.gov/rules-regulations/organic-periodic-residue-testing.
Q: Are data collected by the certifying agents available to the public?
A: Certifying agents must retain the residue testing results and make them available to the public upon request. USDA auditors review these results during each certifying agent’s audit.
Q: Are there less pesticide residues on organic crops than on conventionally grown crops?
A: In 2010, the National Science Laboratory performed the testing for the National Organic Program’s pesticide residue testing pilot study, which included 571 domestic and foreign fruit and vegetable samples bearing the USDA organic seal. Some of the studies evaluating this relationship are described in the discussion of the Pilot Study report released in November 2012: https://www.ams.usda.gov/sites/default/files/media/Pesticide%20Residue%20Testing_Org%20Produce_2010-11PilotStudy.pdf.
USDA maintains a list of reports and presentations regarding organic production at: https://www.ams.usda.gov/reports/organic.
