Regulatory policies for heavy metals in spices – a New York approach

The New York State Department of Agriculture and Markets (NYSAGM) Division of Food Safety and Inspection (FSI) observed high levels of heavy metals in spices through its routine food surveillance program. There are no federal action levels for heavy metals in spices. Based on available academic and federal regulatory information related to heavy metals in food, FSI instituted a State Class II action level of 1 ppm for lead (Pb), inorganic arsenic (iAs), and cadmium (Cd), and a State Class I action level of 25 ppm for Pb in spices. In 2018, NYSAGM and the New York State Department of Health’s (NYSDOH) Bureau of Toxic Substance Assessment (BTSA) formed an interagency collaboration to determine actionable limits of contaminants commonly found in spices, particularly heavy metals. BTSA performed oral exposure and toxicological assessments to derive health-based guidance values for iAs, Cd, and Pb in spices used in food preparation. Based on these assessments and sampling data on concentration of heavy metals in spices, NYSAGM lowered the State’s Class II action levels for Pb, iAs, and Cd in spices by, in some cases, a factor of almost five times. New York is the first state in the nation to establish action levels for heavy metals in spices, providing better protection to New York State consumers.