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The correct legal interpretation of analytical results for herbs and spices requires a solid understanding of the applicable regulatory framework.

When assessing pesticide residues or contaminants, compliance is rarely as straightforward as applying a limit “to the product”. The crucial question is: to which product form does the legal limit apply? Fresh, dried or processed products may fall under different legal references and that distinction can significantly influence the outcome of an assessment.

(To understand the differences between herbs and spices, you can read our previous article)

Pesticides – Regulation (EC) No 396/2005 

For pesticide residues, Maximum Residue Levels (MRLs) are defined per product category in Annex I of Regulation 396/2005. 

A key element in the interpretation is the reference product:

• For herbs, MRLs are established for the fresh product
• For spices, MRLs are generally established for the dried product, reflecting their commercial form as traded on the market

Processing and recalculation under Article 20

This distinction becomes particularly relevant when processing takes place. For example, when fresh herbs are dried, residues may concentrate. The evaluation of the analytical result will be different in both cases, where a recalculation is allowed in case the dried form was analyzed. 

Article 20 of Regulation 396/2005, further clarified in the Commission’s Information Note, explains how concentration, dilution or processing factors may be taken into account. 

Different approaches may be used, depending on data availability and scientific justification:

• specific processing factors (per pesticide, process and matrix), as published by EFSA
• derived processing factors (for example: to apply the factor of cherries on plums)
• generic processing factors linked to a specific process 

The MRL may be recalculated using a processing factor (Pf).  The relevant processing factor is never applied on the analytical result itself. 
This means you always compare the analytical result to an adjusted MRL, never the other way around. 

Contaminants – Regulation (EU) 2023/915 

For contaminants, the logic differs fundamentally from the pesticide framework.

Maximum Levels (MLs) under Regulation (EU) 2023/915 are defined only for explicitly listed matrix groups. There is no general rule that herbs are always assessed as fresh or always as dried. Instead, the applicable reference depends on the specific contaminant.

For example: 

• For ochratoxin A, the ML applies to dried herbs
• For Lead (Pb), the ML applies to fresh herbs (wet weight), even if the product may later be dried 

This means that for herbs, the reference form is contaminant-specific.

For spices, MLs are in practice defined for the dried product, as this is the commercially relevant matrix.

Processing and recalculation for contaminants 

Processing considerations may also play a role for contaminants. Here too, the central principle applies:

It is the legal limit that may be recalculated, not the analytical result.

Regulation 2023/915 explicitly allows consideration of concentration-, dilution- or processingfactor when no ML exists for a processed form, taken into account this is sufficiently substantiated. 

Unlike pesticides, however, 

• there is no harmonised EFSA guidance on processing factors for contaminants;
• responsibility lies with the food business operator, in dialogue with competent authorities 

This places greater emphasis on documentation, scientific justification and careful case-by-case evaluation.

For herbs and spices, compliance assessment requires understanding the regulatory logic behind the limit, the reference product form and the potential impact of processing. 

We recommend performing the analysis on the product in the form referred to in the legislation whenever possible, as recalculation may introduce an additional source of uncertainty.

Therefore, we support you with efficient analyses, as well as with regulatory insight and interpretation.