Texas Attorney General Ken Paxton has secured a settlement with Albertsons Safeway LLC over the unauthorized use of synthetic pesticides on organic produce in its Texas stores.
The agreement, formalized as an Assurance of Voluntary Compliance, centers on ProduceMaxx, an EPA-registered antimicrobial pesticide containing hypochlorous acid, a chlorine‑based compound.
According to the investigation, which launched in January, thousands of grocery stores across the U.S. have engaged in off‑label use of ProduceMaxx in produce misting systems to control bacteria and extend shelf life.
In many stores, the solution was sprayed on produce labeled as organic, potentially misleading consumers who pay premium prices for such items based on an expectation that they would be free from synthetic chemical treatments.
Under the terms of the settlement, all Albertsons-owned grocery stores in Texas are prohibited from using ProduceMaxx or any other synthetic antimicrobial pesticide in misting systems on organic produce.
The agreement also requires a potable water rinse on all organic produce after any such treatment. The banners that will implement these changes include Albertsons Market, Amigos, Market Street, Market Street Express, Randall’s, Tom Thumb, United Express and United Supermarkets.
“This is a huge win for Texans seeking to avoid synthetic pesticides when purchasing organic produce,” Paxton said. “I commend Albertsons for reversing its course of action and signing this historic agreement to help ensure transparency for Texans by requiring its stores to stop the misting of pesticides on organic produce.”
Paxton’s office also commended Texas‑based grocer H‑E‑B for its practice of not treating organic produce with antimicrobial pesticides, as well as nationwide health chains Whole Foods Market and Natural Grocers. The office encouraged Sprouts Farmers Market to do likewise.