New York State has set new, stricter action levels for lead in certain spices to protect public health ahead of World Food Safety Day. The state lowered its action level for lead in curry, dill seed, dried basil leaves, dried non-bell pepper, nutmeg, sesame seed, and turmeric by 40 percent to 0.6 parts per million. This move reflects the strictest standards in the country.
Beginning January 1, 2028, New York State Department of Agriculture and Markets will issue consumer alerts and take steps to remove products from stores if lead exceeds the action level and producers or distributors do not initiate recalls. State Agriculture Commissioner Richard A. Ball said the department is better positioned to protect public health by requesting businesses to recall dangerous products exceeding the new action levels or seizing products if no recall is initiated.
State Health Commissioner Dr. James McDonald noted that the new standards are another step to protect New Yorkers, including adults and children, from the harmful effects of lead, which can lead to brain damage, permanent injury and lifelong disabilities.
The new lower threshold for lead was determined following an extensive review of laboratory surveillance data, toxicity data, and spice consumption rates. The department found an 85 percent achievability rate for the spices subject to the new action limit. Over the last several years, the department conducted significant outreach efforts to the spice manufacturing industry, working in close collaboration with the American Spice Trade Association, as well as state representatives, to achieve a viable solution for consumers and manufacturers.
In 2016, with no specific federal limits on lead in spices, New York State set its own standards to request businesses to initiate a product recall. At that threshold, the department was able to secure recalls for nearly 155 adulterated products from the marketplace through 2021, and 341 to date. In 2019, the New York State Department of Health provided a risk assessment of metals in spices, which was used to inform the risk management decisions established by the department. In 2022, the department published its findings and conclusions that there was a demonstrated need for stricter regulation of heavy metal content in spices to protect public health.
As research and sampling continued, the department moved to an incremental approach and is adopting the 0.6 ppm action limit for lead in the spices listed above to achieve a safer retail marketplace for consumers. Sampling and assessment of additional spices, such as cinnamon and ginger, will continue, but the department remains committed to ultimately obtaining the 0.21 ppm threshold.
Laura Shumow, Executive Director of the American Spice Trade Association, said the spice industry’s top priority is ensuring continued consumer access to a safe and affordable supply of spices. She noted that the industry has worked closely with New York State officials over the last several years and appreciates the consideration provided to achievability, availability, and grocery costs for New York families.
