The Food and Drug Administration (FDA) has proposed extending the deadline for the traceability rule (Section 204) under the Food Safety Modernization Act until July 2028.  The rule was to go into effect in 2026, but FDA is allowing more time for the industry to comply based on the complexity of the rule.  The extension only relates to implementation.  There are no proposed changes to the rule itself.   Growers should take this time to discuss with their buyers how traceability will be implemented.  This is a very involved rule so do not wait until the last minute to start developing your system which meets all the provisions.

Anna Loewald, Research Specialist with the Northeast Center for the Advancement of Food Safety (NECAFS), in collaboration with an advisory group of regional regulatory and educational partners, has developed an Agricultural Water Assessment Questionnaire.  This tool guides growers through a structured series of questions- helping to simplify the assessment process and highlight risk areas.
➡️ They are available for download at the Food Safety Resource Clearinghouse: Agricultural Water Assessment Questionnaire.

Who Must Comply

Under the Produce Safety Rule (PSR), the new pre-harvest water rule requires many fresh fruit and vegetable growers to perform an agricultural water assessment. Compliance is phased in based on farm size (measured by sales):

• Over $500,000 in annual sales → Rule in effect now
• $250,000 – $500,000 → Rule takes effect in 2026
• $25,000 – $250,000 → Rule takes effect in 2027

When the Assessment Must Be Done

• At the beginning of each growing season
• Anytime there are major changes to the water system or source (e.g., switching from well to pond, damage from flooding, new distribution lines, etc.)

What the Assessment Must Include

The assessment must:

• Be written, dated, and signed by the grower or responsible party.
• Address multiple factors, such as:
  • Water source and distribution system
  • Protection against contamination
  • Crop type and surface characteristics.
  • Method and timing of water application
  • Environmental conditions (weather damage, flooding, etc.)
  • Water test results (used as supporting evidence, not the sole factor)

Takeaway: The agricultural water assessment is not optional for covered farms. It is a documented process that must be updated regularly and reflect real-world changes in the water system. Using tools like the NECAFS questionnaire can make this process more consistent and straightforward.

When evaluating the safety of agricultural water, multiple factors must be considered together. Testing is only one component; a holistic risk assessment includes the following:

1. Location & Nature of the Water Source

• Ground water (e.g., wells) – typically lower risk if properly constructed and maintained.
• Surface water (ponds, rivers, streams) – higher risk due to potential animal access and runoff.
• Mixed sources – may require additional protective practices.

2. Water Distribution System

• Underground mains or buried pipe – generally more protected.
• Above-ground pipe, lay flat, or open canals – increased potential for contamination.
• Storage tanks or reservoirs – evaluate for exposure to animals, debris, or microbial buildup.

3. Protection from Contamination

• Animal intrusion (wildlife, livestock, domestic animals).
• Manure applications and proximity to fields.
• Cross-connections with untreated or wastewater.

4. Agricultural Water Practices

• Methods of application: overhead irrigation, drip, flood, etc.
• Timing: interval between last irrigation and harvest (shorter intervals = higher risk).

5. Crop Characteristics

• Surface type:
  • Smooth/waxy (e.g., cabbage, tomatoes) → less microbial adhesion.
  • Netted/rough (e.g., cantaloupe, leafy greens) → higher risk.
• Growth habit: crops close to the soil are at greater risk of contamination.

6. Environmental Conditions

• Weather damage: frost cracks, hail wounds, sandblasting.
• Soil splash during rain/irrigation.
• Flood events – significant contamination risk.

7. Other Considerations

• Water testing: periodic microbial testing provides valuable data but must be considered alongside the full risk profile.
• Historical issues: prior contamination events, known sources of runoff, or nearby land uses (e.g., livestock, septic systems).

 Exemptions from the Agricultural Water Assessment Requirement

Not all farms are required to complete a pre-harvest water assessment under the Produce Safety Rule. If the operation meets any one of the following conditions, the assessment is not required:

• No untreated surface water is applied to covered produce.
• Untreated groundwater is used, and it is tested following the harvest/post-harvest water protocol:
  • Four samples collected in the first year, tested for generic coli.
  • If all results are compliant (no generic coli detected), only one sample per year is required in subsequent years.
• The public water system is the source (documentation required).
• Water is treated and monitored to ensure it remains of safe and adequate sanitary quality for its intended use.

Takeaway: Farms using treated water, municipal water, or groundwater verified with ongoing testing do not have to perform a full agricultural water assessment.

Please take the opportunity to review the questionnaires and use them to meet the requirements for the pre-harvest water assessment!