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Texas Settlement Requires Albertsons to Stop Misting Organic Produce in State

Prohibiting a chlorine-based in-store mist on USDA-certified organic fruit and vegetables, the agreement also requires stores to rinse treated produce with potable water.

Overview

  • The Texas attorney general filed an assurance of voluntary compliance that requires Albertsons-owned stores in Texas to stop misting organic produce with any synthetic antimicrobial pesticide and to cease using ProduceMaxx within 90 days.
  • The product at issue, sold as ProduceMaxx, is a chlorine-based antimicrobial that contains hypochlorous acid and is used by some grocers to control bacteria and extend shelf life on displayed produce.
  • The legal document also requires employees to rinse organic items with drinkable water after any pesticide treatment, a step that federal organic guidance says should follow chlorine-based sprays.
  • Albertsons denied wrongdoing and said it complies with applicable law, while Paxton hailed the Tuesday agreement as a consumer-protection victory and signaled possible further scrutiny of other retailers.
  • The settlement could affect what shoppers expect when they buy certified organic produce and may prompt other grocers to review misting and post-treatment rinse practices to avoid enforcement or public scrutiny.