Nicotine in tea: Regulation (EU) 2026/742 keeps the temporary MRL at 0.5 mg/kg instead of the automatic reduction to 0.4 mg/kg — 0.4 mg/kg proved not generally achievable; new MRLs for cyflufenamid and fenazaquin
Commission Regulation (EU) 2026/742 of 30 March 2026, published on 31 March, amends Annexes II and III to Regulation (EC) No 396/2005. The temporary MRL for nicotine in tea of 0.5 mg/kg was due to fall to 0.4 mg/kg after February 2026; monitoring data from food business operators showed that level is not generally achievable, so 0.5 mg/kg continues to apply, with new data due by 22 February 2030.
- Regulation (EU) 2025/115 set a temporary MRL of 0.5 mg/kg for nicotine in tea, to be reviewed by February 2026 and automatically lowered to 0.4 mg/kg unless new data were submitted by 30 June 2025. The data submitted on time showed that 0.4 mg/kg is not generally achievable.
- The Commission notes that nicotine in food often stems from environmental or process contamination or endogenous formation rather than from use as a pesticide. A footnote to the MRL states that scientific evidence neither conclusively shows whether nicotine occurs naturally in the crop nor explains how it is formed — the Commission will take such information into account if it is submitted by 22 February 2030.
- In a 2022 statement (EFSA Journal 2022;20(9):e07566) EFSA assessed acute exposure at the temporary nicotine MRLs for rose hips, tea and capers and at the time recommended lowering the MRLs for rose hips and tea; according to the recitals, EFSA has concluded that 0.5 mg/kg in tea is safe for consumers.
- At applicants’ request, at the levels recommended by EFSA: cyflufenamid — parsley leaves 0.4 mg/kg, blackberries and raspberries 0.08 mg/kg; fenazaquin — tomatoes 0.2 mg/kg, sweet peppers 0.4 mg/kg, aubergines 0.2 mg/kg. For fenazaquin EFSA reports enforcement methods with an LOQ of 0.01 mg/kg and takes into account the toxicologically relevant metabolite TBPE.
Source: Rozporządzenie Komisji (UE) 2026/742 — NDP cyflufenamidu, fenazachiny i nikotyny