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)

If you use biological soil amendments (raw, composted, or processed) of animal origin on your fresh produce farm we would like to know more about it through this anonymous survey. Information provided will be used to inform extension educators and influence research and educational outreach nationally.

If your farm is considered qualified exempt from the FSMA Produce Safety Rule you have probably needed to provide paperwork to the NJDA at least once.  Farms should be reviewing and updating their documentation that proves qualified exemption status annually and be prepared to show this again to the NJDA when required. Guidance and template forms are available online. Need a refresher on what a qualified exemption is? See below!

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 $610,182 (adjusted for inflation) per year during 2020-2022; 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 had instituted public health orders that resulted in many restaurants and retail food establishments either closing or significantly limiting their operations, leaving many farmers without their usual buyers during the 2020-2022 period. 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 $610,182 (adjusted for inflation). 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.