July 23, 2024 , and

Pre-Harvest Water Requirements Under the Produce Safety Rule

Note:  The following is a brief description of the pre-harvest water requirements (Section 112.3-112.161) under the Food Safety Modernization Act/Produce Safety Rule (FSMA/PSR).  The pre-harvest water requirements are complicated and this summary is intended to be a starting point while we wait for guidance from the Food and Drug Administration (FDA).  For those who have already taken the FSMA/PSR grower training we will host an update webinar in the fall.  For those who have not taken the FSMA/PSR grower training our course will be updated this year to reflect the latest information.

The pre-harvest water (irrigation, spray water, frost protection, fertigation, dust abatement, etc.) requirements for the FSMA/PSR became effective on July 5, 2024, however this does not mean a grower needed to start complying on that date.  Compliance dates are staggered over the next three years depending on the size of the operation.  Farms having an inspection in 2024 should expect Subpart E to be discussed by inspectors to prepare them for compliance in 2025 and beyond.:

Size of Operation Compliance Dates
Operations over $500,000 April 7, 2025
Small operations (> $250,000-500,000) April 6, 2026
Very Small operations (> $25,000-250,000) April 5, 2027

It is important to understand what is considered Agricultural Water. Water that is intended to or will likely touch produce is considered agricultural water. In the context of pre-harvest water that means any water you are using for irrigation, frost protection etc. that touches the crop. If you are using drip irrigation for staked tomatoes this is NOT agricultural water as the water is not touching the fruit. If you are using drip irrigation on carrots, this IS agricultural water, as the water is touching the crop.  A grower needs to think about how each water source is used before they decide whether it is agricultural water or not. If you have specific questions with regards to whether or not your water is agricultural water, please reach out to us.

Water testing is not a requirement for pre-harvest water but can be part of the agricultural water assessment of the whole water system.  This means an inspector will ask the grower to explain their system and how they minimize risks to the covered crops.

Requirements for Inspecting and Maintaining Agricultural Water Systems

As part of the rule, growers must inspect the whole water system (pre-harvest, harvest and post-harvest) at the beginning of the season that is under the farms control.  This includes:

  • The water source (well and surface); the extent of the grower’s control and how each source is protected.
  • Use of adjacent and nearby land (e.g., horse or cattle farm next door; runoff from roads)
  • If surface water (e.g., stream, lake, or pond)- what is the chance a food safety hazard could enter the water before it got to your farm? (e.g., dairy farm upstream where cows get in the stream).

An inspection report must be written as to the findings of the inspection!

Requirements for Agricultural Water Assessment

 The rule requires that a pre-harvest water assessment must be completed at the beginning of the season, the assessment is different than an inspection!

  • The assessment only applies to the pre-harvest water.
  • Must be a written assessment dated and signed at the beginning of the season, annually or anytime major changes are made to the system or water source. The inspection report can be incorporated into the assessment.
  • Parts of the assessment
    • Location and nature of water source (e.g., ground water/wells, surface water/pond, stream, etc.)
    • How water is distributed (e.g., underground main, lay flat, canals, etc.)
    • How system is protected from contamination (animals, manure applications, etc.)
    • Agricultural water practices
  • How water is applied and time between last irrigation and harvest
  • Crop characteristics (e.g., waxy surface-cabbage, netted surface-muskmelons, etc.)
  • Environmental conditions (Damage from frost, hail, blowing sand, etc.)
  • Other factors
    • Water testing, but the assessment can not be based just on water testing. It is only part of the assessment.
  • If the operation meets any of the following, they can be exempt from performing a water assessment.
  • No untreated surface water applied.
  • Untreated groundwater is tested following the protocol for harvest and post-harvest water (four samples the first year for generic E. coli and one sample every year after if no generic E. coli is found).
  • Public water system water use.
  • Water is treated, monitored and to be of a safe and adequate sanitary quality.

Outcome from the assessment

  • If the water source is not safe or is not of adequate sanitary quality, you must stop use immediately and take corrective measures before use.
    • If the problem is related to biological soil amendments of animal or human origin on adjacent or nearby land, mitigation measures to stop and prevent the contamination must be implemented the same growing season (e.g., building a berm around the field to avoid runoff from a horse pasture).
    • Any other conditions not related to animal activity impacting the quality of the water must be remediated as soon as practical and no later than the following year. The other option is to test the water source as part of the assessment and implement changes if needed.

Corrective measures are activities that must be done before using the water source.  Such as re-inspecting the water system and making any changes or treating the water following FSMA/PSR standards.

Mitigation measures can take many forms including making a repair, increasing the time from the last irrigation to harvest, changing the water application method or source, etc.

Once we receive guidance from the FDA giving us greater details on how Subpart E impacts specific farm scenarios, we will share that information via the Plant and Pest Advisory.

Filed Under: Commercial Ag Updates, Food Safety, Fruit, vegetable, Vegetable Crops
July 9, 2024 , and

Note Changes in Harmonized Audits for 2024

It has come to our attention that growers are using on old self audit checklist for their 2024 audit.  According to USDA the old form was not acceptable after April 30, 2024!  The USDA released the new Harmonized GAP Standard and Harmonized Plus+ Standard Audits in March to give growers the opportunity to update their plans. There are several changes related to section numbers and deleted numbers so if you have your audit plan setup by section number check to make sure they have not changed. Also, eight questions have been added. Following is a summary of those questions:

  • G 2.4 – Approved service provider list required (the grower approves the list)
  • G 7.2 – A designated recall team is required
  • G 7.3 – Must perform a mock recall exercise annually
  • G 11.5 – Must have labels and instructions for any water treatment chemical used
  • G 11.8 – Compressed air or other gases contacting food or food contact surfaces must be maintained
  • F 6.3 – Must have a procedure for storing and handling growing media (e.g., perlite, peat, rock wool, etc.)
  • F 9.4 – Re-used water must be treated with a labeled product
  • P 5.2 – A master cleaning schedule with standard operating procedures (SOP) must be established

There are two documents for each audit: Harmonized GAP Standard (v 3.0) or Harmonized GAP Plus+ standard (v 5.0). Each audit has a corresponding checklist “Harmonized GAP Combined Checklist (v6.1)” This is the checklist a grower should be using to their self-audit. Remember an older version will not be accepted which means the audit fails.  Go to the Rutgers On-Farm Food Safety website an look under the USDA Audits tab or go to Harmonized GAP | Agricultural Marketing Service (usda.gov) to download the correct versions.

Filed Under: Commercial Ag Updates, Food Safety, Fruit, Organic Production, vegetable, Vegetable Crops
July 2, 2024 , and

Food Safety Certification for Specialty Crop (FSCSC) Cost Share Program

This is the chance for eligible fresh fruit and vegetable growers to recover some of their expenses for implementing food safety practices on the farm.

For 2024:

  • Applications are due between July 1, 2024 and January 31, 2025
  • Eligible expenses must be between June 26, 2024 and December 31, 2024

For 2025:

  • Application is due between January 1, 2025 and January 1, 2026
  • Eligible expenses must be between January 1, 2025 and December 31, 2025

Eligible specialty crop operations can apply for FSCSC by working directly with the Farm Service Agency offices at your local FSA office for details. Applications will be accepted via mail, fax, hand delivery, or electronic means.

How the Food Safety Certification for Specialty Crops Program Works

The FSCSC program provides financial assistance for specialty crop operations that incur eligible on-farm food safety program expenses related to obtaining or renewing a food safety certification in years 2024 and 2025. This program helps offset costs to comply with regulatory requirements and market-driven food safety certification requirements.  FSCSC will cover a percentage of the specialty crop operation’s cost of obtaining or renewing their certification, as well as a percentage of their related expenses.

Program Eligibility

Eligibility requirements for FSCSC applicants are outlined below. We recommend you review these requirements before initiating your FSCSC application.

To be eligible for FSCSC, an applicant must:

  • Have obtained or renewed:
  • 2024 food safety certification issued between June 26, 2024, and December 31, 2024
  • 2025 food safety certification issued during calendar year 2025.
  • Be a specialty crop operation (growing fresh fruits and vegetables); and meet the definition of a small business or very small business.
  • A small (farm) business means an applicant that had an average annual monetary value of specialty crops the applicant sold during the 3-year period preceding the program year of more than $250,000 but not more than $500,000.
  • A very small (farm) business means an applicant that had an average annual monetary value of specialty crops the applicant sold during the 3-year period preceding the program year of no more than $250,000.
Category of Eligible Expenses Payment Amount of Eligible Costs
Developing a Food Safety Plan for First Time Certification 75% (no maximum)
Maintaining or Updating a Food Safety Plan 75% up to $675
Food Safety Certification 75% up to $2,000
Certification Upload Fees 75% up to $375
Microbiological Testing of Produce 75% up to 5 tests
Microbiological Testing of Soil Amendments 75% up to 5 tests
Microbiological Testing of Water 75% up to 5 tests
Training Expenses 100% up to $500

FSCSC payments are calculated separately for each category of eligible costs based on the percentages and maximum payment amounts.  The FSCSC application and associated forms are available online at  farmers.gov/food-safety.

You are encouraged to contact the Farm Service Agency office about FSCSC, program eligibility, or the application process. You may also call 877-508-8364 to speak directly with a USDA employee ready to provide one-on-one assistance.

Filed Under: Commercial Ag Updates, Food Safety, Fruit, Organic Production, vegetable, Vegetable Crops
June 18, 2024 , and

Getting Ready for Your Food Safety Audits

Scheduling USDA audits GAP, Harmonized or Harmonized Plus

Anyone who has not scheduled their audit needs to be aware of the documentation needed to be sent to the New Jersey Department of Agriculture prior to the audit.  They will want to see a copy of your food safety plan, proof of your food safety training, any current water tests, training records of all personnel, ten days of supporting records (for example – cleaning and sanitizing equipment, monitoring for wildlife, approved supplier list, etc.), mock recall and a self-audit.  Why do they want the records prior to the audit?  It saves time on their end plus it will save the grower money by them spending less time on the farm.

The audits can be scheduled in two ways either call the NJDA office at 856-839-3388 or go to fvinspection@ag.nj.gov .  There is a new request form so if you have an old form contact them for the new one.  The request should be at least two weeks prior to the audit.

Need for multiple audits.

Crops may be grouped together on the initial request to be included in the audit.  The audit needs to be scheduled so the auditor can see the distinct types of harvest activities.  For an asparagus and tomatoes example, if the asparagus is being harvested during the initial audit while the tomatoes are growing but won’t be ready for harvest until a later date, the initial audit can cover both commodities but an unannounced audit would be used by the auditor to observe the harvest of the tomatoes.  Also, the auditor will want to see all crops listed on the audit request form.

It is an option for the auditee to ask for commodities to be split on different audits.   To certify two audits that occur at separate times for different commodities the auditee would need to let the auditor know the intention for two audits in the season.  There would be a separate audit done, a certificate for each audit and a website posting for each audit.  The certification dates would be separate for each audit done.

USDA Audit Rates Increasing October 1, 2024

Anyone who is getting a GAP, Harmonized or Harmonized Plus Audit through the New Jersey Department of Agriculture will see the rates increase in October.  The basic hourly rate will increase from $155.00 to $163.00.  Those that are getting a Global Food Safety Initiative (GFSI) certification will have an additional $250.00 for each audit.

Filed Under: Food Safety, Fruit, Organic Production, vegetable, Vegetable Crops
March 7, 2024 and

USDA just released the new Harmonized GAP Standard and Harmonized Plus+ Standard Audits.

The standards go into effect May 1, 2024.

There are several changes related to section numbers and deleted numbers so if you have your audit plan setup by section number check to make sure they have not changed. Also, eight questions have been added.

Following is a summary of those questions:

  • G 2.4 – Approved service provider list required (the grower approves the list)
  • G 7.2 – A designated recall team is required
  • G 7.3 – Must perform a mock recall exercise annually
  • G 11.5 – Must have labels and instructions for any water treatment chemical used
  • G 11.8 – Compressed air or other gases contacting food or food contact surfaces must be maintained
  • F 6.3 – Must have a procedure for storing and handling growing media (e.g., perlite, peat, rock wool, etc.)
  • F 9.4 – Re-used water must be treated with a labeled product
  • P 5.2 – A master cleaning schedule with standard operating procedures (SOP) must be established ·

There are two documents for each audit: Harmonized GAP Standard (v 3.0) or Harmonized GAP Plus+ standard (v 5.0). Each also have a summary of changes document will be help finding the changes.

Go to:  Harmonized GAP | Agricultural Marketing Service (usda.gov) to download a copy of each standard.

Filed Under: Food Safety, Fruit, Organic Production, Vegetable Crops
February 29, 2024 and

Water Testing Requirements Under the Food Safety Modernization Act Produce Safety Rule for 2024

Does your farm fall under the FSMA: PSR? Find out at this link:   https://rutgers.ca1.qualtrics.com/jfe/form/SV_4IagP1mbPyrp42N.

The requirements for water management only apply to operations that are not exempt or qualified exempt. Check out the link above to determine whether you fall under an exemption category.

Note:  If you are third party audited (GA/GHP, Harmonized, Global GA, Primus, etc.) continue to follow the water testing requirements for your audit!

Harvest and Post-Harvest Water (including water used to wash hands, washing produce, ice making, hydrocooling, chemical application and for cleaning and sanitizing)

Water Test Requirements:

  • For Public Water: No test required, you need to have a copy of the report from the municipality.
  • For well water: You must test just wells used for harvest and post-harvest four times in the first year and then if there is no detectable generic E. coli on any tests you may test each well once per year after that initial year.
  • For surface water: Untreated surface water is not allowed to be used for harvest and post-harvest purposes.

Compliance Dates:

  • Large Growers (over $500,000): Currently in effect
  • Small Growers ($250,000-$500,000): Currently in effect
  • Very Small Growers ($25,000- $250,000): January 26, 2025

When complying a grower must inspect the agricultural water system that is under their control to determine any hazards. The water source test results must ensure that there is no detectable generic E. coli per 100 ml of water and untreated surface water cannot be used.

If a water test does not meet the criteria for non-detectable generic E. coli the farm must immediately stop using the water. The grower must take several steps before using the water including reinspecting the entire affected agricultural water system, under their control and make corrections or treat the water.

There are other required measures including having a water change schedule; visually monitoring the quality of water (for buildup of organic material) and monitoring the temperature of certain commodities.

The records required include the agricultural water system inspection; water test results; any water treatment; and corrective actions. Review Subpart E sections 112.41-112.48, 112.50, 112.151 and 112.161.

Pre-Harvest (Irrigation, Frost Protection, Sprays) Water

There is some confusion as to whether growers need to test their water for pre-harvest uses in 2024. The pre-harvest irrigation water requirement is still under review by the Food and Drug Administration, so testing is not required in 2024.

What we suggest you do now:

  • For well water: Test once a year
  • For surface water: Test three times a year. (when the pump is started, mid-season and close to harvest.)

This will give the grower a baseline as to the quality of water being used. When the final rule goes into effect the largest growers (over $500,000) will have nine months; small growers ($250,000-500,000) will have 1 year, and nine months and the very small growers ($25,000-250,000) will have two years and nine months to start complying.

Source:  The On-Farm Food Safety Team (Meredith Melendez, Jennifer Matthews and Wesley Kline)

 

Filed Under: Food Safety, Fruit, Vegetable Crops