Aflatoxin and Pesticide Limits for Chilli from India

Chilli is one of the products most often stopped at import borders, and the reasons are nearly always the same two: mould toxins that develop when chilli dries or is stored badly, and pesticide residues above the importing country’s limits. Both are measurable, both can be written into a purchase contract, and both are far cheaper to control before a container is stuffed than after it is detained.

This guide sets out the limits that apply in the EU, the UK and the US, the changes to EU border controls on Indian chilli during 2026, and the clauses worth putting in a contract. Regulations change, so confirm the current position with your customs broker before a first shipment.

What are the limits for chilli in the EU, UK and US?

The EU and UK set legal maximum levels for aflatoxins in dried chilli, and the EU also sets one for ochratoxin A. The US works through an FDA action level for food in general rather than a chilli-specific limit. The table summarises the position for dried chilli as of October 2026.

What is the EU limit for aflatoxin in chilli?

Under Commission Regulation (EU) 2023/915, dried Capsicum, whole or ground and including chillies, chilli powder, cayenne and paprika, may contain no more than 5.0 µg/kg of aflatoxin B1 and 10.0 µg/kg of the sum of aflatoxins B1, B2, G1 and G2. The same regulation sets 20 µg/kg of ochratoxin A for dried Capsicum, slightly above the 15 µg/kg that applies to most other dried spices.

These limits apply to the product on sale in the EU, whatever border checks are in force. A lot that tests above them cannot legally be marketed, and the regulation does not allow a non-compliant lot to be mixed with a compliant one to bring it under the limit.

What changed for Indian chilli at the EU border in 2026?

Two regulations amended Implementing Regulation (EU) 2019/1793, the EU’s list of goods subject to increased border controls, during 2026.

• From 18 February 2026, under Regulation (EU) 2026/194, dried, crushed or ground chilli from India (CN 0904) moved from the stricter Annex II to Annex I, with identity and physical checks on 20% of consignments for pesticide residues. The regulation specifies those residues as ethylene oxide.
• From 30 June 2026, under Regulation (EU) 2026/1206, the EU removed the increased aflatoxin checks on chilli from India, which had applied since May 2019, concluding that an increased level of official controls was no longer justified.

Neither change relaxes the limits. Aflatoxin in Indian chilli is now checked under normal EU controls rather than at a fixed increased rate, and a consignment that fails is still refused. For a buyer, the practical effect is fewer routine border holds for aflatoxin testing, not a lower standard.

Why is ethylene oxide on the list?

Ethylene oxide is a gas used in some countries to sterilise spices and seeds against microbial contamination. It is not authorised for that use in the EU, where residues are measured together with its breakdown product, 2-chloroethanol, and it has been behind large recalls of seed and spice products in recent years. The current EU border check on dried Indian spices under CN 0904 is specifically for ethylene oxide residues.

For a buyer, the clause to add is straightforward: the goods have not been treated with ethylene oxide at any stage, and the supplier will provide residue test results to prove it on request.

What does Annex II mean for fresh green chilli?

Fresh chilli from India, other than sweet peppers, is listed in Annex II of Regulation (EU) 2019/1793 for pesticide residues, with 30% of consignments checked at the border. Annex II goods can enter the EU only under special conditions.

• Each consignment must be accompanied by the results of sampling and analysis carried out by the competent authorities of the country of origin.
• The analyses must be performed by laboratories accredited to ISO/IEC 17025.
• An official certificate, following the model set out in the regulation, must be issued by the competent authority of the exporting country.
• The certificate is valid for no more than four months from issue, and no more than six months from the date of the laboratory results.

This is why fresh chilli for the EU cannot be shipped at a day’s notice. Sampling, analysis and certification have to be built into the time between harvest and loading, on a product that holds only around two weeks of saleable life.

What does the UK require?

Since 7 March 2024, chilli and chilli products exported to the UK under CN code 0904 have needed an official certificate stating that the goods were sampled and analysed and comply with maximum residue levels for pesticides. The requirement came from the UK’s 2024 regulation on high-risk food and feed of non-animal origin. In response, the Spices Board of India introduced mandatory sampling of UK-bound chilli consignments for pesticide residue analysis, on top of its existing aflatoxin testing, and issues a health certificate for them.

According to the Spices Board’s March 2024 circular, five samples are drawn from each consignment: two laboratory samples, a counter sample, an appeal sample and one for the exporter. Ask your supplier for the test reports and the certificate number before the goods sail.

Where does aflatoxin in chilli come from?

Aflatoxins are produced by moulds, chiefly Aspergillus flavus and Aspergillus parasiticus, that grow on crops kept warm and damp. In chilli the risk concentrates at two points: slow drying after harvest, and storage or transit at high humidity. Chilli dried quickly on clean surfaces and kept dry afterwards rarely develops a problem; chilli dried slowly on bare ground, or rewetted by rain, is where most failures begin.

This is also why moisture belongs in a chilli contract. Cold-chain references recommend holding dried chilli at 60–70% relative humidity, and note that controlling humidity matters more than holding an exact storage temperature.

What should a chilli purchase contract specify?

Put the limits in the contract as numbers, tied to the law of the destination market, and agree how compliance will be proven. A workable set of clauses covers the following.

1. 1Maximum aflatoxin B1, total aflatoxins and ochratoxin A, stated as the destination market’s legal limits or tighter.
2. 2Pesticide residues within the maximum residue levels of the destination market. In the EU, a pesticide without a specific limit defaults to 0.01 mg/kg.
3. 3A statement that the goods have not been treated with ethylene oxide.
4. 4A maximum moisture content, tested before shipment.
5. 5Testing at a laboratory accredited to ISO/IEC 17025, with the sampling method named.
6. 6Counter samples retained by both sides, and an agreed referee laboratory if results disagree.
7. 7Who pays for retesting, and what happens to a lot that fails.

A supplier who has shipped to regulated markets before will already hold most of these documents. If a supplier is reluctant to commit to them in writing, treat that as useful information. Our comparison of Indian chilli varieties covers the colour and heat side of the same specification.