Food Safety Modernization Act (FSMA) Produce Safety Rule Inspections to Resume

The Food and Drug Administration has announced that FSMA inspections can resume when the state is ready.  The New Jersey Department of Agriculture (NJDA) will be starting inspections of fruit and vegetable operations in the next couple of weeks.  NJDA will contact individual growers to schedule the inspection.  These will be educational inspections covering operations with sales of $250,000 and above.  If the farm thinks they are qualified exempt they will need to show some type of financial records for the last three years proving they meet the qualified exemption standard.

To be eligible for a qualified exemption, the farm must meet two requirements:

  1. The farm must have food sales averaging less than $500,000 per year adjusted for inflation during the previous three years.
  2. The farm’s direct sales to qualified end-users must exceed sales to all other buyers combined during the previous three years. A qualified end-user is either (a) the consumer of the food or (b) a restaurant or retail food establishment that is located in the same state or not more than 275 miles away.

If the operation is qualified exempt the requirement other than the financial records is to label either individual containers or have a roadside stand/farmers market sign prominently and conspicuously displayed that has the name and complete business address of the farm where the produce was grown.

For additional information contact Chris Kleinguenther, at Christian.Kleinguenther@ag.nj.gov

Hand Sanitizers for Use in the Field

Under the “Interim COVID-19 Guidance for Migrant and Seasonal Farmworkers, Their Employers, and Housing Providers”, employers are required to provide hand sanitizers with at least 60-95% alcohol in various locations and employers are to schedule handwashing breaks every hour.  If soap and water are not available, an alcohol-based sanitizer that contains 60-95% alcohol may be used.  Hand sanitizers may be difficult to find, but a grower can make their own.  Visit the onfarmfoodsafety.rutgers.edu website for a factsheet entitled “Home-made Hand Sanitizer”.  This walks you through how to make a cheap effective sanitizer.

The next question is, what is the proper method to apply and use the sanitizer?  Research has shown that a two-step sanitizer method is the best method for alcohol-based sanitizers.

  1. Step 1: Apply three pumps of sanitizer from the dispenser.
  2. Step 2: Rub hands for 20 seconds making sure to cover the palms, backs of hands, and between fingers up to the wrists.
  3. Step 3: Wipe the hands on a disposable paper towel.
  4. Step 4: Apply one pump of the sanitizer from the dispenser.
  5. Step 5: Rub hands until dry.

Hand sanitizers do not take the place of handwashing before starting or returning to work; after using the toilet; before and after eating and smoking; before putting on gloves; after touching animals or animal waste or any other time hands may become contaminated under the Food Safety Modernization Act or for most audits.

FDA Provides Flexibility to Farms Regarding Eligibility for the Qualified Exemption Under the Produce Safety Rule

The U.S. Food and Drug Administration announced that it will provide flexibility regarding eligibility criteria for the qualified exemption under the Produce Safety Rule during the COVID-19 public health emergency.

 

Under the FDA Food Safety Modernization Act (FSMA) Produce Safety Rule, farms are eligible for a qualified exemption and associated modified requirements if they meet certain criteria:

  • The farm’s food sales averaged less than $500,000 (adjusted for inflation) per year during the previous three years; and
  • The average value of the farm’s sales to qualified end-users exceeded the average value of the farm’s sales to all others during the previous three years. A qualified end-user is either (a) the consumer of the food or (b) a restaurant or retail food establishment that is located in the same state or the same Indian reservation as the farm or not more than 275 miles away.

Because of COVID-19, state and local governments across the United States have instituted public health orders that have resulted in many restaurants and retail food establishments either closing or significantly limiting their operations, leaving many farmers without their usual buyers. The guidance intends to allow affected farmers to shift their sales away from qualified end-users while still being considered eligible for the qualified exemption. Specifically, under the temporary policy announced in the guidance, farms that are currently eligible for the qualified exemption and associated modified requirements will still be considered eligible, even if they shift sales away from qualified end-users, so long as they continue to meet the requirement that their average food sales during the previous three years total less than $500,000 (adjusted for inflation).

 

FDA recognizes that providing flexibility to farms to allow them to shift food sales to available buyers during the COVID-19 public health emergency can help reduce food waste and food shortages. This temporary policy is intended to remain in effect only for the duration of the public health emergency, after which the FDA intends to issue additional guidance.

 

Qualified exempt farms must comply with modified requirements under the Produce Safety Rule, which include establishing and keeping certain records and prominently displaying their name and business address on food packaging or at the point of sale. Farms are responsible for ensuring that the food they produce is not adulterated under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and they should use good agricultural practices to ensure the safety of their produce.

Portable Toilets at Farm Markets and Tailgate Markets

Portable toiletsHaving a sufficient number of portable toilet facilities and properly cleaning and disinfecting them is even more important with COVID-19.  Your labor force may have increased, and your customer volume may be up.  You may need to rent additional toilets or have them serviced more frequently if the farm traffic warrants. A good portable toilet company will be prompt and thorough with their servicing and will leave documentation that each unit has been serviced.

Between visits from the servicing company, someone on your staff should be trained to clean and disinfect the units at least twice a day. Clean the hard surfaces using a detergent or soap and water followed by rinsing with potable water prior to disinfecting. The Environmental Protection Agency (EPA) maintains a list of disinfectants to use against COVID-19. It is imperative, once you have selected a product, to pay close attention to the contact time on the label which can vary from 1 to 10 minutes. This is the time that the surface MUST remain wet with the product for it to be effective. These disinfectants are for hard surfaces only- do not apply to produce or skin. Wear gloves since these products can irritate the skin.

A household bleach solution can be used to disinfect surfaces. Prepare the solution by mixing 5 tablespoons (1/3 cup) bleach per gallon of water or 4 teaspoons bleach per quart of water. Bleach and disinfectants should be stored in non-clear containers and used within 30 days after opening.  Proper ventilation and gloves are necessary when mixing this disinfection solution. For more details on using bleach as a disinfectant please read our earlier Plant and Pest Advisory post.  An alcohol solution with at least 70% alcohol can also be used to disinfect.

U-Pick Operation Guidelines under COVID-19

Harvesting cropsThe CDC, FDA and USDA have no reports at this time of human illnesses that suggest coronavirus can be transmitted by food or food packaging.
U-Pick operations are unique with customers going out into the field to do their own harvesting. This creates special situations for the grower and customer. How do you protect the customers, workers, and grower?

Questions to Ask Yourself
1. How many customers will you allow to pick at one time and how will you manage this?
2. Will you provide picking containers, or do you expect the customer to bring their own?
3. Will you provide harvest tools, or do you expect the customer to bring their own?
4. Where are your handwashing facilities located? Do you need to add more or change the locations?
5. How will you provide produce to those who are unable to enter your retail area or conduct U-Pick activities?
6. What areas will need frequent cleaning and sanitation (PDF)? What products will you use for this task?

Customer Notification Prior to Arriving
1. Use your social media site to inform potential customers how you are going to run your U-Pick operation with COVID-19.
2. Inform customers that they must maintain 6 ft social distance from other customers and employees.
3. Let them know that handwashing stations and hand sanitizers will be available when they arrive.
4. Encourage your customers to come alone. Leave family at home. Only someone picking should be in the field.
5. Let them know if you will provide picking containers or they need to bring their own.
6. Face coverings are required for customers. If a customer arrives without one, or refuses to wear one, they cannot enter retail and production areas. Alternative methods of obtaining produce should be made available to them.

Upon Customer Arrival
1. Encourage everyone to wash their hands prior to going into the field.
2. Inform customers where they can pick and how many people are allowed in the field at one time.
3. Direct customers to wear face coverings and to practice social distancing.

Handwashing
1. Have handwashing stations at several locations on the farm. These should be conveniently located. If the field is not next to the check out area have handwashing stations out in the field.
2. Everyone should wash their hands often for 20 seconds with soap and water.
3. This means as soon as customers come to the farm, if they stop to eat, when they use bathroom facilities, etc. If hand sanitizers are available customers should wash hands then apply hand sanitizers. The sanitizer should be at least 62% alcohol.
4. Post handwashing signage (PDF) in the appropriate language at each handwashing station.
5. Designate the responsibility of monitoring handwashing facility supplies (water, soap, paper towels) to an individual. Provide ample supplies for restocking.

Field Picking
1. There different ways to handle picking. The number of pickers can be restricted at any one time or pick every other row. Whichever system is used there needs to be someone in the field to enforce the rules.
2. Consider what you supply to the customer when they go into the U-Pick areas.
3. Harvest tools, containers, wagons, etc. Ensure that you can properly clean and sanitize these commonly touched surfaces.

Employees
1. Train all employees on proper handwashing and food safety.
2. In New Jersey, employers must provide face coverings and gloves for their employees.
3. Handwashing is critical when dealing with customers (see above).
4. Hand sanitizers should be used between each customer by employees at checkout.
5. Touchpads should be sanitized between payment uses.
6. One person should handle money when checking out customers.

Visit the Rutgers On-Farm Food Safety and the Rutgers NJAES COVID-19 websites for the most up-to-date information.

Authors
Wesley Kline, Agricultural Agent, Rutgers Cooperative Extension of Cumberland County
Jennifer Matthews, Senior Program Coordinator, Rutgers Cooperative Extension of Cumberland County
Meredith Melendez, Agricultural Agent, Rutgers Cooperative Extension of Mercer County

Face Coverings and Gloves Required in Packinghouses

The Executive Order 122  “Requires workers and visitors to wear cloth face coverings, in accordance with CDC recommendations, while on the premises, except where doing so would inhibit the individual’s health or the individual is under two years of age, and require workers to wear gloves while on the premises.  Businesses must provide, at their expense, such face coverings and gloves for their employees.”  

We must do everything to protect workers and growers!  Think about if a worker contracts COVID-19 and it moves through your workforce.  Who is going to harvest the crop?  Prevention is the best course for us all.