Texas Attorney General Ken Paxton launched a statewide investigation Monday into major grocery chains that spray organic produce with pesticides without informing customers.
The probe targets stores using antimicrobial misting systems on organic-labeled fruits and vegetables. The investigation could affect thousands of stores nationwide that use similar practices. Many consumers specifically buy organic produce to avoid exposure to pesticides.
At issue is Produce Maxx, an EPA-registered antimicrobial pesticide containing high concentrations of hypochlorous acid — a form of chlorine. Stores spray it through misting systems to control bacteria and extend shelf life.
Federal law requires produce treated with chlorine to be rinsed before consumption to maintain USDA organic certification. Yet many stores provide no signage about the pesticide treatment or washing requirements.
Some retailers hide misting equipment and pesticide containers from customer view. Shoppers buying organic produce assume it hasn’t been treated with chemicals.
“Many Texans choose organic produce specifically to avoid harmful pesticides,” said Attorney General Paxton. “It’s not only wrong for grocers to mislead consumers about chemicals being sprayed on their food — it may very well be illegal.”
Paxton added: “There should be no shortcuts when it comes to food safety, and my office will ensure that Texas consumers are not misled about the state of the produce they purchase.”
The attorney general demanded that Texas grocery stores using antimicrobial pesticides install clear signage. Signs must inform consumers that their produce has been sprayed and include washing instructions in accordance with federal guidelines.
The investigation marks an escalation in scrutiny of grocery practices regarding organic labeling. Consumer trust in organic certification could be at stake if widespread misting goes undisclosed.
