Tree nut growers who use phosphite-containing fertilizer or fungicide products no longer have to worry about concerns about its regulatory status in the European Union (EU). After several years of working with a temporary maximum residue limit, the EU has now established a Maximum Residue Limit (MRL) for tree nuts. 
This success was the result of a four-year effort by folks on both sides of the Atlantic. The staff of the Almond Board of California (ABC) worked together with the California Walnut Board and the Administrative Committee for Pistachios to understand the issue and develop a resolution that would ensure uninterrupted trade with the EU.
Nearly five years ago, the EU’s regulatory classification of phosphite changed to be only a pesticide, where it had been previously sold within both fungicide and fertilizer products. In addition, the EU decided to use the existing MRLs for fosetyl-Al (Aliette®), a fungicide that includes a phosphite component. However, fosetyl-Al was never registered for use in most tree nuts, so there was no fosetyl-Al MRL for tree nuts in the EU or the U.S.
With this in mind, there was confusion in 2014 with reports indicating widespread detection of fosetyl-Al in California tree nuts. Eventually the chemical link to phosphite in fertilizer/fungicide products was discovered, clarifying the source of the purported fosetyl-Al detections.
Given the products’ widespread use and given the low awareness of this regulatory change in the EU in 2014, the tree nut industry collaborated with associations in the EU to seek a temporary MRL of 75 ppm. Realizing the impacts on trade, the European Commission approved temporary MRLs for several crops through the end of 2015.
To maintain the use of phosphite-containing products on tree nuts going to the EU required residue data so the EU could establish a MRL in tree nuts. The tree nut collaboration obtained a USDA Technical Assistance for Specialty Crops (TASC) grant to fund residue trials which were conducted by the IR-4 Program, a USDA program that conducts residue trials for specialty crops. Field trials were completed during the 2015 growing season and the dossier was submitted to the EU in late summer 2016.
However, the time for all of this extended well beyond the 2015 expiration of the temporary MRL. So, with the help of the USDA Foreign Agriculture Service (FAS) and, again, EU trade associations, the message about the California tree nuts efforts to come into compliance helped to persuade the EU to extend the temporary MRL for only tree nuts until March 2019.
A final decision was made in February 2018 by the EU to set a tree nut MRL of 500 ppm still using fosetyl-Al for the residue definition. The MRLs are subject to EU Council and Parliamentary procedures, but, if approved, should come into force around mid-June of 2018. The MRLs apply to all tree nuts except for coconuts.
The Almond Board will continue to work closely with the USDA/FAS to monitor the process and address any questions that might arise.In the meantime, if you have any questions, please contact Gabriele Ludwig, director, Sustainability & Environmental Affairs, ABC, or Julie Adams, vice president, Global Technical & Regulatory Affairs, ABC.
Aliette is a registered trademark of Bayer.
