The New Jersey Department of Agriculture is now scheduling audits. If you have had an audit last year and need to schedule a renewal or if you need a new audit now is the time to schedule it. There had been an extension for audits before May 31, but there will be no additional extensions. Anyone wanting an audit should have gone through food safety training which is held each year December through March. The auditor will want to see that you have had some type of training. To schedule the audit email Chris Kleinguenther at christian.kleinguenther@ag.state.nj.us.
June 10, 2020 Wes Kline
On-Farm Readiness Reviews to Resume
The Food and Drug Administration (FDA) has lifted the restrictions on carrying out On-Farm Readiness Reviews (OFRR). The New Jersey Department of Agriculture (NJDA) in cooperation with Rutgers Cooperative Extension will start offering OFRR’s in the next couple of weeks.
The objectives of the On-Farm Readiness Review program are to:
- Offer a voluntary, non-regulatory, pre-inspectional “readiness” review primarily for covered farms and discuss whether the farm is covered by Food Safety Modernization Act (FSMA) Produce Safety Rule or whether the farm may be exempt from parts of FSMA
- Promote coordination between farmers, regulators & educators
- Educate regulators about on-farm practices and conditions
- Familiarize non-qualified farms with the regulations
This is a confidential review of individual farm operations. Usually there are two individuals on the team, one each from NJDA and Extension. This is not a records review, but an overall assessment of the farm operation and how the farming practices conform to the Produce Safety Rule. The team walks around the operation with the grower and discusses the different aspects of the farm. Once the review is over the group sits together and reviews the findings and makes suggestions for possible changes to meet the rule. Any notes that are taken during the review are left with the grower.
Any fruit or vegetable operation with sales over $25,000 are eligible for the review. It is encouraged that someone on the farm has gone through the Produce Safety Alliance (PSA) training prior to the review. The PSA training meets the requirement for training under the Product Safety Rule that someone on the operation must receive training recognized by FDA.
The OFRR is a good way to help a grower understand what is required under the Rule. How do you schedule for a review? Contact Chris Kleinguenther, NJDA, at Christian.Kleinguenther@ag.nj.gov. Chris will contact the grower and schedule a date and time for the review.
June 10, 2020 Wes Kline
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:
- The farm must have food sales averaging less than $500,000 per year adjusted for inflation during the previous three years.
- 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
June 1, 2020 Wes Kline
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.
- Step 1: Apply three pumps of sanitizer from the dispenser.
- Step 2: Rub hands for 20 seconds making sure to cover the palms, backs of hands, and between fingers up to the wrists.
- Step 3: Wipe the hands on a disposable paper towel.
- Step 4: Apply one pump of the sanitizer from the dispenser.
- 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.
June 1, 2020 Wes Kline
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.
May 15, 2020 Wes Kline and Meredith Melendez
Portable Toilets at Farm Markets and Tailgate Markets
Having 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.
