The FDA expects fresh produce growers to prove their exemption or need for compliance with the FSMA Produce Rule starting January 2018. The catch is that they will expect to see records from the previous three years. Keep this in mind so that if you are asked to show your records in 2018 in relation to the FSMA Produce Rule you will be prepared with records starting in 2016. The FDA has not yet specified the exact documents that they are looking for. You should be prepared to show evidence of the total amount of human and animal food sold by the farm.
On-Farm Food Safety Section
Keep up with the latest news on this dynamic topic that impacts growers on multiple levels. Developing a farm food safety plan is a good idea for all growers, and may be required as part of food safety audits if you sell to certain buyers.
View NJAES On-Farm Food Safety Publications
Recordkeeping in 2016 Important for FSMA Exemption and Compliance in 2018
On-Farm Food Safety:
The Difference Between an Audit & an Inspection
Over the last 15 years we have talked about third party audits to verify your food safety plan. Now you are hearing about inspections.
What is the difference?
Audits
Audits are voluntary evaluations that growers are doing at the request of their buyers. Some growers may not think that audits are voluntary since some growers have been told if they did not have one, a specific buyer would not purchase their produce. That is true, but you still had the choice to sell to someone else if you did not want to go through the audit process. The audit was verifying what you said you were doing for food safety.
Inspections
The Food Safety Modernization Act (FSMA) has added the inspection component to food safety. The final FSMA rule went into effect January 2016. As FSMA is implemented over the next two to four years, growers will hear more about inspections and how it may impact their operations. The Food and Drug Administration (FDA) now has more authority for fresh produce which adds another layer of compliance for growers. Inspections will be done by a government entity with specific requirements and implies some type of enforcement in the future. FDA is not in any hurry to start an enforcement program. They have made it clear that education is the first priority, but in reality sometime in the future there will be enforcement. Who will do the inspections is still being decided between FDA and the different states. In New Jersey, the New Jersey Department of Agriculture will probably be the lead agency as it relates to farms and on farm packinghouses.
Coping with New Rules: On-Farm Readiness Review
There is a group of extension personnel from Florida, Michigan, New Jersey and North Carolina working with the National Association State Departments of Agriculture on a grant from the FDA to develop an On Farm Readiness Review. This will be a self-assessment tool for growers, extension personnel and inspectors to help everyone when a farm is inspected. The plan is to have the final version available next year.
Growers will receive training over the next year to help comply with the Produce Rule in FSMA. The good news is growers who have been through a third party audit already meet or exceed most requirements for FSMA. Water testing is the one area where there are differences, but the training will help clarify those differences.
On-Farm Food Safety Trainings – UPDATED!
Winter on-farm food safety trainings are currently being offered throughout the state. Third party audit, Good Agricultural Practices, and opportunities for writing a farm food safety plan are offered this winter. Registration is required!
We are no longer offering the certificate based training for the Food Safety Modernization Act Produce Rule, and are waiting on the FDA to release their approved training materials. The FSMA trainings will most likely be held starting in the fall of 2016. All scheduled on-farm food safety trainings will include an overview of the FSMA so that you can better understand the regulations and its implications for your produce operation.
FSMA Produce Safety Rule Now Final
The FDA Food Safety Modernization Act (FSMA) Produce Safety rule is now final, and the earliest compliance dates for some farms begin one year after the effective date of the final rule (see “Compliance Dates” below). The rule establishes, for the first time, science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables grown for human consumption. The FDA has created a factsheet highlighting the produce safety rule.
This rule was first proposed in January 2013. In response to input received during the comment period and during numerous public engagements that included public meetings, webinars, listening sessions, and visits to farms across the country, the FDA issued a supplemental notice of proposed rulemaking in September 2014. The proposed revisions were designed to make the originally proposed rule more practical, flexible, and effective.
The final rule is a combination of the original proposal and revisions outlined in the supplemental proposal, with additional changes as appropriate. The definition of “farm” and related terms were revised in the final Preventive Controls for Human Food rule, and the same definitions of those terms are used in this rule to establish produce safety standards. Operations whose only activities are within the farm definition are not required to register with FDA as food facilities and thus are not subject to the preventive controls regulations.
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On Farm Food Safety Winter Trainings Announced
On-farm food safety trainings will be held this winter throughout the state. Certificate based third party audit trainings will be offered in Rosenhayn and Chatsworth. Three additional trainings, located in Atlantic City, Trenton and Pittstown, will offer the required curriculum for compliance with the Food Safety Modernization Act. More information on who will need to comply with FSMA to be published soon, as the final rule was just released and we are working to understand its implications for NJ produce growers.
Registration is required for attendance at these trainings!
Food Safety Modernization Act Update:
Farm Definition & Exemptions
The Risk-Based Preventive Controls for Human Food final rule was published in the Federal Registry September 17, 2015. This is the first of two which may directly impact fruit and vegetable growers. To review the complete rule go to https://federalregister.gov/2015-21920.
This rule updates good manufacturing practices related to processing and clarifies the farm definition and exemptions. Under the original proposed rule there were several activities on farms in our region that would have had to comply with this rule. However, with the revised definition most activities are exempt or fall under the Produce Rule which will be published at the end of October.
Under the final definition there are two ways to be considered as a farm: as a “Primary Production Farm” or as a “Secondary Activities Farm.”
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