A settlement between Texas Attorney General Ken Paxton and Albertsons Safeway LLC is renewing discussion about transparency, consumer expectations, and post harvest handling practices for organic produce sold at retail.

The agreement requires Albertsons owned grocery stores in Texas to stop using synthetic antimicrobial pesticides in misting systems on organic produce. The settlement follows a state investigation into the use of ProduceMaxx, an EPA registered antimicrobial pesticide containing hypochlorous acid, in retail produce misting systems. The Attorney General’s office alleged that the product was being used on organic produce without sufficient consumer disclosure.

ProduceMaxx is used in some retail environments to reduce bacteria and extend shelf life on fresh produce. However, the issue raised by the investigation centered on whether consumers purchasing USDA certified organic products had adequate information about post harvest treatments and whether those practices aligned with consumer expectations associated with organic labeling.

Under the settlement, Albertsons owned stores in Texas will discontinue the use of ProduceMaxx and other synthetic antimicrobial pesticides in misting systems on organic produce. The company will also require rinsing procedures after any ProduceMaxx treatment on produce.

The controversy highlights a broader challenge for organic and specialty food supply chains: maintaining trust throughout the entire path from farm to consumer. While organic certification primarily governs production practices at the farm and handling levels defined under USDA organic regulations, retailers and distributors increasingly face scrutiny over additional practices that may influence consumer perceptions of product integrity.

The settlement reflects growing attention on the final stages of the food supply chain, where storage, handling, and merchandising practices can influence how consumers understand product claims. As demand for organic and minimally processed foods continues expanding, transparency beyond the farm gate is becoming an increasingly important factor in maintaining market trust.

Sources: Texas Office of the Attorney General, “Attorney General Ken Paxton Secures Historic Settlement With Grocery Store Chains Across Texas Stopping Them From Secretly Misting Synthetic Pesticides on Organic Produce,” May 19, 2026. Texas Office of the Attorney General, “Attorney General Ken Paxton Investigates Major Grocery Chains for Spraying Organic Produce With Pesticides Without Telling Consumers,” January 12, 2026. U.S. Department of Agriculture Agricultural Marketing Service, National Organic Program Regulations.