What Happened
Recognizing the lack of specific federal limits, in 2016, the New York State Department of Agriculture and Markets set an action level of 1,000 part per billion (ppb) for lead in spices. Concentrations over that amount would result in a Class II recall.1 In the ten years since, the agency reports securing more than 340 recalls to protect children in the state.
In a June 7 announcement, the agency dropped the action level from 1,000 ppb to 600 ppb for lead in seven common spices: 1) curry, 2) dill seed, 3) dried basil leaves, 4) dried non-bell peppers, 5) nutmeg, 6) sesame seed, and 7) turmeric. The agency estimates that 85% of these spices currently meet the action levels, the strictest in the country. It gave industry until January 1, 2028, to comply.
The agency described this step as a shift to an “incremental approach … to achieve a safer retail marketplace for consumers.” It reaffirmed its 2022 goal of a 210 ppb action level for lead and inorganic arsenic and 260 ppb for cadmium, based on a 2019 risk assessment by the Department of Health, saying, “sampling and assessment of additional spices, such as cinnamon and ginger, will continue.”
The American Spice Trade Association (ASTA) vigorously opposed the agency’s proposed 2022 action levels and in 2024 convinced the New York Senate to pass a bill with less protective limits that align with European Union and industry standards. The bill did not pass the full legislature but was seen as a warning to the agency. With the shift to an incremental approach, ASTA supported the new levels saying, “we appreciate the consideration provided to achievability, availability, and grocery costs for New York families.”
Why It Matters
Spices have been identified as a significant source of lead exposure to children. Studies from health departments in New York City in 2019,2 North Carolina in 20183 and elsewhere have regularly attributed elevated blood lead levels (EBLL) in children to spices. The issue moved to center stage in national news in late 2023 with the debacle of lead chromate intentionally added to cinnamon use in imported applesauce pouches.
Codex Alimentarius has responded by tightening international standards,4 but those are designed to remove no more than 5% of the products from the global market, essentially focusing on the worst of the worst. Despite calls for Codex to consider the societal benefits of reducing lead exposure from spices when setting standards, the organization continues to rely on its flawed formula.
For cinnamon, FDA appears to have taken a similar but slightly more aggressive approach than Codex, setting a 2,000 ppb threshold for lead to trigger an import alert or recall.. Recognizing the lack of action, in a December 11, 2025 blog, Unleaded Kids called on states to empower consumers through transparency laws that have been effective for baby food.
Our Take
We support New York State’s action to go further than FDA and Codex by setting an action level that would remove 15% of the most contaminated spices in those seven types. It is much better than the flawed 5% goal that Codex and FDA use.
We also appreciate the state’s incremental approach in the face of intense industry opposition and legislative concerns while reaffirming its goals based on a risk-based approach. This Closer to Zero approach is important and should serve as an example to FDA as it struggles to set action levels.
Finally, for those concerned about lead in spices, go to New York State’s recall website and search for spices. Here is the link.
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- Class II recalls are based on exposure that “may cause a temporary or medically reversible adverse health consequence or the probability of serious adverse health consequences are remote.” If the company does not initiate a recall, the agency anticipates seizing the product. For the more serious Class I recalls, the agency set a level of 25,000 ppb based on “reasonable probability exists for serious adverse health consequences or death.” ↩︎
- From 2008 and 2017, “[m]ore than 50% of the spice samples had detectable lead, and more than 30% had lead concentrations greater than 2 ppm. Average lead content in the spices was significantly higher for spices purchased abroad than in the United States. The highest concentrations of lead were found in spices purchased in the countries Georgia, Bangladesh, Pakistan, Nepal, and Morocco.” ↩︎
- From 2011 and 2018, “[a] North Carolina study of lead content in spices, herbal remedies, and ceremonial powders in homes of children with elevated blood lead levels found that 28.8% of samples contained >[1,000 ppb] lead, suggesting contaminated products might represent an important source of childhood lead exposure. A survey instrument was created to collect information on product origin and consumption.” ↩︎
- Codex says “maximum limits should be set as low as reasonably achievable [ALARA] and at levels necessary to protect the consumer.” Codex Standard 193-1995. ↩︎