Handling of residues of products or substances (residues) that are not allowed to be used in organic production
Any product or substance that is not allowed in organic production and detected in analyses carried out on organic and in-conversion products is considered as a ‘residue’. Although residues detected in analyses mostly originate from pesticides, many products and substances that are not pesticides but are not allowed in organic production may also be the sources of residues.
Below, some important issues related to the subject are shared specifically in the context of the Turkish Organic Farming Regulation, the European Union Organic Farming Regulation, and the United States National Organic Program (USDA-NOP). Before that, you may find some important definitions below:
Pesticide: Any chemical substance used in plant protection practices.
Pesticide residues: Plants or plant products, edible animal products, drinking water or the products of active substances, metabolites and/or decomposition or reaction products of active substances currently or previously used in plant protection products, especially those that may arise as a result of their use as a plant protection, veterinary and biocidal. refers to their remains in any living thing in the environment.
Limit of Determination (LOD): It is the lowest residue limit that is determined by analytically validated methods and is the basis for evaluation.
Maximum Residue Level (MRL): With the EU Regulation (EC) 396/2005 on the maximum residue limits of pesticides in food and feed of plant and animal origin, Maximum Residue Limits of Pesticides It refers to the highest pesticide residue limit that is legally allowed to be found in products according to the regulation.
Unavoidable contamination: In spite of the existence of physical barriers between organic production areas and conventional production areas, the fact that the agricultural lands are fragmented and small throughout the country, where the operator does not directly use plant protection products that are not allowed to be used in organic agriculture, the risk of contamination from nearby production areas and businesses is eliminated, meaning that contamination could not be prevented by the operator.
Within the framework of the Turkish Regulation on the Principles and Implementation of Organic Farming published in the Official Gazette No. 27676, Republic of Türkiye Ministry of Agriculture and Forestry has prepared a guiding document called ‘Residue Criteria’ to ensure consistency in the evaluation of analysis results of certified organic plant products.
According to these residue criteria; it is the responsibility of the operator to carry out production/processing/storage/transport activities within the scope of organic farming in accordance with the rules specified in the legislation. Determining whether these activities are carried out in accordance with the Regulation, keeping regular records, reporting the results, and, if deemed necessary, testing the organic quality of the product with laboratory analyses are the responsibilities of the control body.
The document states that analyses are an effective verification method for organic farming controls but are not sufficient on their own to determine whether the product is organic, and it is explained that analyses should be evaluated according to the 8 criteria specified in the document.
Regarding organic production and labeling of organic products, the European Parliament and Council Regulation (EU) 2018/848 of 30 May 2018 addresses in detail the necessary steps to be followed in the presence of residues of products or substances not allowed in organic production and describes the responsibilities of the parties. The relevant principles are summarized below.
According to Article 29 (1) of Regulation (EU) 2018/848; when the control body receives verified information regarding the presence of products or substances not allowed in organic production, or is informed by an operator or group of operators on this matter, or detects such products or substances in an organic or in-conversion product:
(a) It shall immediately carries out an investigation with a view to verifying compliance with Regulation (EU) 2018/848 or or with the delegated or implementing acts adopted pursuant to that Regulation; such investigation is completed as soon as possible, within a reasonable period, and takes into account the durability of the product and the complexity of the case;
(b) It prohibits the import from that third country for the purpose of placing the product concerned on the market within the Union as organic or in-conversion product pending the results of the investigation. Before taking such a provisional decision, control body gives the operator or group of operators an opportunity to comment.
According to Article 29 (2) of Regulation (EU) 2018/848; In the event that the results of the investigation do not show any non- compliance affecting the integrity of organic or in-conversion products, those products will be allowed to be used and labelled as organic or in-conversion products.
In Commission Implementing Regulation (EU) 2021/279– Article 2, it is explained in detail how the control body should conduct the above-mentioned investigation and what it should determine, as well as the information that the operator or group of operators shall provide to the control body.
All expenses incurred within the scope of the investigation will be covered by the responsible operators or group of operators.
In accordance with Article 28(2) of Regulation (EU) 2018/848, Where an operator suspects, due to the presence of a product or substance that is not authorised for use in organic production in a product that is intended
to be used or marketed as an organic or in-conversion product, that the
latter product does not comply with this Regulation, the operator shall:
identify and separate the product concerned,
check whether the suspicion can be substantiated,
not place the product concerned on the market as an organic or
in-conversion product and not use it in organic production unless
the suspicion can be eliminated,where the suspicion has been substantiated or where it cannot be
eliminated, immediately inform the relevant competent authority, or,
where appropriate, the relevant control authority or control body,
and provide it with available elements, where appropriate,- fully cooperate with the relevant competent authority, or, where appropriate, with the relevant control authority or control body, in
identifying and verifying the reasons for the presence of non-authorised products or substances.
According to Article 2 (3) of Commission Implementing Regulation (EU) 2021/279, The official investigation shall at least conclude on:
a. The integrity of organic and in-conversion products,
b. the source and the cause of the presence of non-authorised products or substances,
c. preventive and precautionary measures that the operator or group of operators must implement to prevent the recurrence of the same non-compliance in the future.
According to Article 2 (4) of Regulation (EU) 2021/279, the control body shall draw up a final report for each official investigation and present it to the operator or group of operators. That final report shall contain, for example; Traceability summary of the non-compliance that is the subject of the investigation and the affected product, conclusion and the reasons for reaching this conclusion, corrective, preventive actions and deadlines required to be fulfilled for the operator to prevent the same non-compliance from recurring, and the deadlines required for their implementation.
In addition to the rules specified in the Regulations regarding the handling of residues not permitted in organic production, we also recommend following reliable sources of information. For example, IFOAM, Fibl.
According to the United States Department of Agriculture National Organic Program (USDA-NOP), §205.671 Residue testing, when prohibited substances are detected at levels higher than 5 percent of the Environmental Protection Agency’s tolerance, the agricultural product must not be sold, labeled, or represented as organic. The NOP State official or certification body may conduct an investigation regarding the certified operator in order to determine the cause of the prohibited substance.
The USDA-NOP has a guidance document called NOP 2613 for the evaluation of pesticide residues. The guidance clearly explains the steps that control bodies and operators must follow, considering all possible scenarios of residues.
In cases where products and substances not allowed in organic production are present or suspected, cooperation between the control body and the operator or group of operators and compliance with the Regulation rules are of great importance to identify the source of the residue and prevent its recurrence.