5.7 MRLs for cocoa: what will be assessed in practice?

In the EU and USA, samples of cocoa beans are first de-husked before residue analysis takes place: with the cocoa bean seed coat (testa) removed before analysis. 

In Japan, whole beans (“beans without pods”) were analysed, which was more likely to result in residue violations, but at the time of writing, the protocols for testing in Japan are changing to removal of husk. 

However, this reform is on a substance-by-substance basis and it remains important to consider individual AI.

Commission Regulation 396/2005/EC of the European Parliament and of the Council proposed maximum residue levels of pesticides for food products applied from 1 September 2008. 

This was amended by Regulation EC 149/2008 by establishing Annexes II, III and IV setting maximum residue levels for products previously covered by Annex I.

Annex III includes so-called temporary MRLs for cocoa (many subject to review within 4 years) and is split into two parts as follows:

• Part IIIA: Temporary MRLs for substances being in the approval circle for use in EU or substances that are no longer approved for use in EU.
• Part IIIB: Temporary MRLs for all active substances for new commodities (including cocoa) introduced under Regulation 396/2005/EC. These MRLs are based on national MRLs, where a risk assessment has been performed by the European Food Safety Authority (EFSA).

Annex IV contains plant protection products already evaluated at EC level for which it is not necessary to set MRLs (because of their low risk).

EU documentation is not light reading: easier access to the essential information (with a download facility), under “cocoa (fermented beans)” and “tea, coffee, herbal infusions and cocoa”, is available at: www.ec.europa.eu/ food/plant/pesticides/max_residue_levels/index_en.htm.

A description of regulations in Japan and the USA was given in Chapter 3. 

MRLs for cocoa imports into Japan are on: www.m5.ws001.squarestart.ne.jp/foundation/fooddtl.php?f_inq=13400 

      [Sept 2025: Pesticides database for MRLs set in Japan]

 and information from the US EPA on: www.epa.gov/pesticides/food/viewtols.htm. 

     [Sept 2025: A database of MRLs for the USA is available from FoodChainID (free for USA MRLs only thanks to support from EPA]

A global MRL database (paywall) is available on https://www.globalmrl.com/home.