Overview
This paper by NYSAGM and NYSDOH staff documents the rationale, derivation, and outcome of New York State’s tiered action-level program for lead, inorganic arsenic, and cadmium in spices — the first state-level program of its kind in the United States. The article covers more than 1,000 spice samples analysed over the 2014-2019 period by NYSAGM’s Food Laboratory. It details the progression from an initial Class II action level of 1 ppm lead (Pb) (set in 2016 based on FDA guidance and state sampling data) to the updated 2018-era Class II action level of >0.21 ppm Pb, >0.26 ppm cadmium (Cd), and >0.21 ppm inorganic arsenic (iAs), plus a Class I recall level of 25 ppm Pb. The paper includes a comprehensive table (Table 2) of violative lots removed from the marketplace with per-product Pb concentrations, including multiple cumin lots.
Key numbers
New York State action levels (as published 2022):
- Class I recall (high probability of serious adverse health consequences or death): Pb >25 ppm
- Class II recall (temporary or medically reversible adverse health consequences): Pb >0.21 ppm, Cd >0.26 ppm, iAs >0.21 ppm
- Earlier 2016 Class II threshold: Pb >1 ppm (subsequently lowered approximately fivefold)
Lead detection frequency in NYSAGM spice surveillance, 2014-2019 (n=1,094; Figure 1):
- Not detected: 2%
- Less than 1 ppm: 87%
- 1 ppm or higher: 11%
Cadmium detection frequency, 2014-2019 (n=1,041; Figure 2):
- Not detected: 15%
- Less than 1 ppm: 84%
- 1 ppm or higher: <1%
Cumin-specific violative lots removed from marketplace (Table 2, Pb in ppm):
| Product | Pb (ppm) | Country of origin | Recall class |
|---|---|---|---|
| Cumin powder | 1.12 | Hong Kong | II |
| Cumin powder | 1.34 | China | II |
| Dried cumin | 1.13 | China | II |
| Dried cumin powder | 1.80 | China | II |
| Comino Molido / Ground cumin | 1090 | India | I |
| Ground cumin | 1.57 | Domestic | II |
| Ground cumin | 2.20 | Not listed | II |
| Ground cumin | 1.12 | Domestic | II |
| Ground cumin | 1.33 | Not listed | II |
| Ground cumin | 2.41 | Mexico | II |
The 1090 ppm Pb lot (Comino Molido / Ground cumin from India) was a Class I recall; FDA issued import alert 28-13 based on NYSAGM findings for ground turmeric (2016) and galanga powder (2020). The 1090 ppm value is in the range associated with lead chromate adulteration.
Selected comparators from Table 2 for context:
- Turmeric: individual lots reached 54.1 ppm (Class I), range of Class II lots 1.25-5.00 ppm from multiple origins
- Jamaican curry powder: several lots 19.7-35.0 ppm (up to Class I at 35.0 ppm)
- Coriander: 1.66 and 13.7 ppm (both Class II)
Policy outcome noted in paper:
- 509 Class II recalls and 68 Class I recalls for Pb would have been triggered in 2014-2019 under the new action levels of >0.21 ppm; under the old 1 ppm threshold, far fewer would have been captured
- Spice Pb contamination with Pb >1 ppm declined from 18-13% (2014-2016 pre-enforcement) to 8-11% (2017-2019 post-enforcement)
Methods (brief)
Microwave-assisted acid digestion with ICP-MS. Table 1 (microwave parameters): 100 psi, 75 degrees C, 20 min; 200 psi, 100 degrees C, 20 min. ICP-MS: Thermo Scientific iCap Q (Energy Discrimination mode for arsenic (As) and Cd), AN-SC 4X FAST autosampler. Pb isotopes 206, 207, 208 measured; An-SC 4X FAST autosampler using IKE (Kinetic Energy Discrimination) mode, dwell time 0.01 seconds for all isotopes. Concentration calculated from isotope ratios. Targeted surveillance: ‘for cause’ sampling (suspected adulteration or non-compliance) and commodity-based targeted sampling of imported spices. Domestic and imported product both sampled.
Implications
Regulatory context: This paper is the primary documentation of the NYSDOH 2022-2023 Class II recall action levels (>0.21 ppm Pb, >0.26 ppm Cd, >0.21 ppm iAs) that are referenced across the HMI spices literature as the most stringent published US-state guidance. The derivation is based on BTSA health-based guidance values and NYSAGM sampling data — both documented here.
Cumin-specific signal: The 1090 ppm Pb in a single Comino Molido lot (India-origin) is an extreme outlier consistent with intentional lead chromate adulteration. The ordinary Class II cumin lots (1.12-2.41 ppm) represent general environmental or processing contamination at levels that would exceed the new NYSDOH action levels (>0.21 ppm) but are orders of magnitude below the adulterated sample. This bimodal contamination pattern (processing contamination vs. intentional adulteration) is an important framing for cumin risk assessment.
National model: Authors note that New York is the first US state to establish action levels for heavy metals in spices. They reference FDA’s reliance on NYSAGM findings to issue import alerts, indicating this state-level program influenced federal enforcement.
Related evidence
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