Nicotine in food

New maximum residue levels for certain product groups

Mar 2024 (update). Already in February 2023, lowered and additional maximum residue levels (MRLs) for – amongst other substances – nicotine were published with Regulation (EU) 2023/377 amending Regulation (EC) No. 396/2005^[1]. The regulation will apply from 14 September 2023. Due to inconsistencies in the consumption data of a study for tea and a current statement of the European Food Safety Authority (EFSA)^[2], a new amendment of this regulation was initiated immediately after publication: Amending Regulation (EZ) 2023/1536^[3] contains, among other things, transitional arrangements for tea produced before the lowering of the MRL as well as new amendments for spices. With a further amending Regulation (EU) 2024/451^[4], the maximum residue levels for nicotine in all spices were raised again to 0.3 mg/kg in February 2024 following a temporary reduction.

The following commodity groups are directly subject to MRL reduction:

Rose hips
(Fresh) herbs and edible flowers
Wild fungi (fresh)
Herbal infusions
Certain spices
Tea

Overview of amendments published with Regulation (EU) 2023/377:

Commodity group	MRL NEW [mg/kg]	MRL OLD [mg/kg]
Fruits and berries, in general	0.01
Rose hips	0.2	0.3
Tree nuts, olives, avocados, oilseeds, oil fruits, cereals	0.02
Vegetables, pulses, sugar plants	0.01
Herbs and edible flowers	0.1	0.4
Fungi, mosses and lichen, algae, prokaryotes organisms	0.01
Wild fungi (fresh)	0.02	0.04
Wild fungi (dried)	1.2	1.2
Ceps (dried)	2.3	2.3
Tea	0.5	0.6
Herbal infusions	0.3	0.5
Cocoa beans, carob, hops	0.05
Spices (seed and fruit spices, e.g. vanilla)	0.3*	0.3
Other spices (root, rhizome, bud, flower pistil, arilR)	0.3*	4
Products of animal origin	0.01
Birds eggs, honey	0.05

* Temporary greater reduction, MRLs stated here apply as from February 2024 via Regulation (EU) 2024/451

With the exception of rose hips, transitional marketing arrangements apply to all products produced before the MRLs were amended.

MRLs for nicotine are continued to be monitored and reviewed again within 7 years. For wild fungi (fresh), the MRLs are to be reviewed in parallel with that for wild fungi (dried). For tea, a further MRL reduction will take place already in February 2026 unless new information is available by June 2025.

In addition to the product groups mentioned above, MRLs will apply in the future to all products covered by Regulation (EU) No. 396/2005 for which no specific MRLs were previously applicable.

Nicotine – Background and toxicology

Nicotine is an alkaloid and occurs naturally in solanaceous plants such as the tobacco plant Nicotiana tabacum and, to a lesser extent, in potatoes, tomatoes, and eggplants. Scientific evidence does not conclusively demonstrate that nicotine also occurs naturally in a number of other plant food groups.

Due to its insecticidal effects, nicotine has also been used in plant protection products. In the EU, however, the use of plant protection products containing nicotine has been banned for years. Due to different and often unclear routes of entry, nicotine is also regarded as a so-called "multiple source substance".

In low concentrations, nicotine has a stimulating effect. In higher concentrations, it is a potent neurotoxin. In 2009, the European Food Safety Authority (EFSA) set an Acceptable Daily Intake (ADI) of only 0.0008 mg/kg body weight and an equally low Acute Reference Dose (ArfD).

Analysis of nicotine

The experts from our Competence Centers for Residues and Contaminants of the Eurofins Food & Feed Testing laboratory network in Germany have many years of experience in the analysis and evaluation of nicotine in various plant and animal food matrices. As a standard, the LC-MS/MS technique is applied.

Any questions left regarding our analyses or maximum levels of nicotine?

Contact your personal account manager or our expert Roma Nemitz-Sturm directly.

Relevant Sources

[1] Commission Regulation (EU) 2023/377 of the European Parliament and of the Council as regards maximum residue levels for benzalkonium chloride (BAC), chlorpropham, didecyldimethylammonium chloride (DDAC), flutriafol, metazachlor, nicotine, profenofos, quizalofop-P, sodium aluminium silicate, thiabendazole and triadimenol in or on certain products;
Consolidated text: Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin
[2] EFSA Journal: Statement on the revised targeted risk assessment for certain maximum residue levels for nicotine
[3] Commission Regulation (EU) 2023/1536 amending Annex III to Regulation (EC) No 396/2005 as regards maximum residue levels for nicotine in or on certain products
[4] Commission Regulation (EU) 2024/451 amending Annex III to Regulation (EC) No 396/2005 as regards maximum residue levels for nicotine in or on certain products