By Rupin Chopra and Apalka Bareja
Introduction
India is the largest exporter of spices in the world, amounting to around 4 billion USD and still growing. Indian spices, condiments and related products are much liked in the world for its flavor, texture and medicinal properties. Yet recent developments internationally have cast down a shadow on the future of spice trade. Just as they say that the taste of the pudding lies in its eating, countries like Singapore, US, Australia and Hong Kong have alleged presence of ethylene oxide (which is not registered with the CIB & RC) beyond permissible level in certain established Indian Masala Brands.[1] Acting immediately, FSSAI has launched a country wide crackdown for stricter compliance with standards..
Pesticide Regulation in India
- The Insecticide Act, 1968The main objective of the Act is to regulate “the import, manufactures, sale, transport, distribution and use of insecticides with the view to prevent risk to human beings or animals and for matters connected therewith”
Central Insecticide Board & Registration Committee (CIB & RC) under the Ministry of Agriculture and Framers Welfare is responsible for registration of the pesticides under this statute[2]
Section 5 of the Act states that “the Central Government has constituted a Registration Committee (RC) which has the mandate to register insecticides after scrutinizing their formulae and verifying claims made by the importer or the manufacturer as the case may be as regards their efficacy and safety to human beings and animals”.
Section 33 of the Act provides that “when an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence and punished accordingly.”
- Food Safety & Standards Act, 2006 Under this statute, FSSAI has constituted a Scientific Panel with relevant experts which recommends Maximum Residue Limit (MRL) on the basis of data provided by CIB & RC which inter-alia includes Good Agricultural Practices (GAP) provided by the Registration Committee. It is ensured by the Scientific Panel that the MRL thus recommended is safe for human being. These MRLs are notified under Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011. As per Regulation 2.3.1 up until now MRLs of 213 pesticides for various foods have been notified.[3]
FSSAI’s Order on Maximum Residue Limit
The Food Safety and Standards Authority of India (FSSAI) vide an order dated April 8, 2024 notified that the maximum level of residue amount of pesticide residues that can be found in spices and herbs has been increased by ten times by the Food Safety and Standards Authority of India (FSSAI) for the pesticides that are not on record or registered with the Central Insecticide Board and Registration Committee (CIB & RC).[4] (Read More)
Instances of Inspection and Surveillance by Food Regulators across the globe
Indian Spice Makers have now fallen under the radar of Food Safety Regulators of few countries. As per media reports, the controversy erupted when ethylene oxide- a prohibited oxide was detected in various pre-packaged spice products from MDH and Everest by the Centre for Food Safety (CFS) in Hong Kong. The US Food and Drug Administration (FDA) is also investigating Indian spice makers MDH and Everest for possibly having ethylene oxide pesticides. Hong Kong already suspended sales of their spice mixes due to high ethylene oxide levels. Both companies are well-known in India and globally. Singapore has also joined Hong Kong in banning Indian spice brand for alleged contamination in their products. Likewise, Australian Food Safety Authorities is currently investigating spices sold by Indian companies MDH and Everest which got banned in Singapore and Hong Kong.[5]
Permissible limits of Ethylene Oxide in the countries are as mentioned below:
| 1. United States | 0.2 percent[6] |
| 2. Hong Kong | Not Provided |
| 3. Singapore | 50 ppm[7] (parts per million) |
| 4. Australia | 20 ppm[8] (parts per million) |
Who governs Maximum Residue Limits (MRLs) globally in food products?
International Laws regarding the use of pesticides in foods are primarily governed by the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). The Codex Alimentarius Commission, established by FAO and WHO, sets international food standards, guidelines, and codes of practice to ensure the safety, quality and fairness of the international food trade.
The Codex Alimentarius Commission has established Maximum Residue Limits (MRLs) for pesticides in foods, which are the maximum concentration of pesticide residues that are legally permitted in or on food commodities and animal feeds. These MRLs are based on scientific risk assessments conducted by the Joint FAO/WHO meeting on Pesticide Residues (JPMR). Countries are encouraged to adopt these MRLs into their national regulations to ensure food safety and facilitate international trade.
The Response from Indian Masala Brands-
Understanding the urgency of the situation, Spice brands in their official statement have reassured their buyers and consumers that they do not use ethylene oxide at any stage of storing, processing, or packing the spices and have further asserted that the spices were safe for consumption and its products were exported “only after receiving necessary clearances and approval from the laboratories of the Spice Board of India.”[9]
Conclusion-
Maximum Residue Limit’s (MRL) are not a one size fits- all approach. The allowed level of pesticide residue vary depending upon the specific pesticide and food item. Every stage is critical, from identifying market trends and complying with laws to guaranteeing excellent product quality and creating dependable supply networks.[10] The products’ scandal has caused a significant rift. According to reports, as part of its probe into the brands, India has asked the countries to share information regarding the action and their claims. Concerns containing the same allegations have been voiced previously. It remains to be seen if the recent uproar around the merchandise from two of the most well-known companies prompts regulatory action India as well.
Aishwarya Rajput, Assessment Intern at S.S. Rana & Co. has assissted in the research of this article.
[2] https://www.fssai.gov.in/upload/uploadfiles/files/Guidance_Note_Pesticides_04_02_2020.pdf
[3] https://www.fssai.gov.in/upload/uploadfiles/files/Guidance_Note_Pesticides_04_02_2020.pdf
[4] Available at https://www.fssai.gov.in/upload/advisories/2024/04/6616351c775b5Order%20MRL%20Spices%20and%20culinary%20herbs.pdf
[6] Available at https://www.fda.gov/food/food-additives-petitions/food-additive-status-list
[7] Available at https://www.sfa.gov.sg/docs/default-source/default-document-library/sfa-statement-on-testing-of-ethylene-oxide-in-food.pdf
[10] Available at https://ssrana.in/articles/fssai-maximum-residue-limits-spices-culinary-herbs/
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