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AUSTIN - Texas Attorney General Ken Paxton has launched a statewide investigation into major grocery chains that are allegedly spraying organic fruits and vegetables with pesticides in-store but failing to disclose the practice to shoppers.

The pesticide at issue is Produce Maxx, an EPA-registered antimicrobial pesticide containing high concentrations of hypochlorous acid, a form of chlorine. Thousands of stores across the nation spray the pesticide on produce through misting systems to control bacteria and extend shelf life.

According to the Office of the Attorney General, consumers buying organic produce are assuming they haven’t been treated with pesticides. 

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“They don’t know that stores are spraying pesticides on the organic produce while it’s on the shelf,” a press release states. “And they aren't being told that they need to wash their organic produce before eating – even though federal law requires produce sprayed with chlorine to be rinsed with drinking water before consumption to maintain USDA organic certification.” 

Many grocery stores hide their misting equipment and Produce Maxx containers from customer view and provide no signage or warning labels about the pesticide treatment and the need to wash the organic produce, according to the OAG. 

“Many Texans choose organic produce specifically to avoid harmful pesticides,” said Paxton. “It’s not only wrong for grocers to mislead consumers about chemicals being sprayed on their food – it may very well be illegal. There should be no shortcuts when it comes to food safety, and my office will ensure that Texas consumers are not misled about the state of the produce they purchase.”

Paxton is demanding that if Texas grocery stores continue using antimicrobial pesticides like Produce Maxx, they must, at minimum, install clear signage informing consumers that their produce has been sprayed with a pesticide and include instructions to rinse before consumption in accordance with federal law and USDA guidelines.

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