Proposed revision to Produce Safety Rule agricultural water requirements — comment period open through April 5

The U.S. Food and Drug Administration (FDA) is proposing a revision of the Food Safety Modernization Act (FSMA) Produce Safety Rule that would change the pre-harvest agricultural water requirements for farms covered by the Produce Safety Rule (other than sprouts). Most California fruit, vegetable and nut farms are covered by the Produce Safety Rule, including those with more than $25,000 in average annual produce sales, with some exceptions.

FDA’s proposed revision is intended to address stakeholder concerns about the complexity and practical implementation of certain pre-harvest agricultural water requirements. The proposed revision does not change requirements for agricultural water used during and after harvest, or for sprouts. It would introduce a systems-based, pre-harvest agricultural water assessment to evaluate potential hazards and guide risk management decision-making on the farm. Public comments about the FDA’s proposed revision may be submitted via the Federal Register until April 5, 2022.

In California, the Produce Safety Rule is regulated on FDA’s behalf by the California Department of Food and Agriculture (CDFA) Produce Safety Program. During the proposed revision’s comment period and until the FDA rulemaking process has been completed, CDFA’s Produce Safety Program will maintain the current inspection process related to this section of the Produce Safety Rule.

Visit CDFA’s Produce Safety Program webpage for more information about farms covered by the Produce Safety Rule.

Schedule free On-Farm Readiness Review to ensure compliance with Produce Safety Rule

Produce Safety Rule On-Farm Readiness Review

Are your farm’s food safety practices compliant with the Produce Safety Rule? A good way to find out is to schedule a free, non-regulatory On-Farm Readiness Review (OFRR) with the California Department of Food and Agriculture (CDFA) Produce Safety Program.

OFRRs are available to “small” farms (average annual gross produce sales within the last three years of $250,000 – $500,000) or “very small” farms (average annual gross produce sales within the last three years of $25,000 – $250,000).

OFRRs are designed to give farmers a better understanding of what they can expect from a routine Produce Safety Rule inspection. The U.S. Food and Drug Administration (FDA), pursuant to the Food Safety Modernization Act (FSMA), developed the Produce Safety Rule to regulate the production of nearly all fruits, nuts and vegetables. The Produce Safety Rule establishes a set of practices that farmers must follow that are designed to minimize the potential of foodborne illnesses. In California, CDFA’s Produce Safety Program conducts Produce Safety Rule inspections on behalf of the FDA.

Produce Safety Rule inspections are underway. To help ensure your “small” or “very small” farm is compliant, please contact CDFA’s Produce Safety Program at producesafety@cdfa.ca.gov or (916) 900-5322 to schedule an On-Farm Readiness Review (OFRR).

PRODUCE SAFETY RULE UPDATE – CDFA MAILS QUESTIONNAIRES TO SMALLER PRODUCE FARMS

Small and Very Small Produce Farmer Questionnaire

SACRAMENTO, July 25, 2019 – The California Department of Food and Agriculture (CDFA) is announcing that starting next week, 8,000 “small” and “very small” produce farms throughout California are being mailed educational letters about their roles in upholding the Produce Safety Rule (PSR) of the federal Food Safety Modernization Act (FSMA), passed in 2011 to help prevent foodborne illness outbreaks. Accompanying the letters are questionnaires to be returned to the CDFA by August 31 in order to verify commodities grown, determine whether annual sales qualify farms for a PSR exemption, and to help prioritize future inspections. The current stage of inspections to verify PSR compliance has been taking place since April for “large” farms.

“California has many more produce farms than any other state in the nation,” said CDFA Secretary Karen Ross. “Approximately 20,000 farms in the Golden State will now be subject to new food safety regulations under the Produce Safety Rule.”

PSR regulations include ensuring produce is properly handled by workers, that farm equipment is sanitary, that produce is grown with safe soil inputs, and that measures are in place to prevent contamination of produce by wildlife or domesticated animals. These regulations are similar to food safety plans that many farmers have been implementing for years, and that most grocery stores and restaurants already require. However, the Produce Safety Rule now makes food safety on farms federal law.

To help implement the PSR, CDFA created the Produce Safety Program (PSP) to educate farmers and then conduct on-farm inspections on behalf of the U.S. Food and Drug Administration (FDA). PSP farmer education resources include a website, a Facebook page and an e-newsletter. Website features include the ability to schedule an On-Farm Readiness Review, and to register for a Produce Safety Rule Grower Training Course. This course is mandatory for at least one employee of every produce farm covered under the new regulations and is the best way for farmers to learn about required food safety practices.

In the current PSR stage:

  • Inspections are underway for “large” produce farms with average annual sales of $500,000 or greater during the previous three-year period.
  • “Small” farms with average annual sales of $250,000–$500,000 during the previous three-year period are now expected to be in PSR compliance, with inspections set to begin in January 2020.
  • “Very small” farms with average annual sales of $25,000–$250,000 during the previous three-year period must be in general compliance by January 2020, with inspections set to begin in January 2021.

Any farm that does not comply with the Produce Safety Rule may face economic, regulatory and legal consequences. Minor violations will be handled through on-site education, in line with an “Educate Then Regulate” commitment. However, if there is significant and imminent threat to public health, a PSP inspector will inform the FDA and the California Department of Public Health, which may perform accelerated on-farm follow-up inspections or administrative detention orders up to and including seizure of the product that could cause people to get sick.
 
Visit www.cdfa.ca.gov/producesafety