New Jersey farmers are urged to send in comments by November 15th regarding the Proposed Produce Safety Rule and the Proposed Preventive Controls Rule. It is expected that about 20% of New Jersey farms will be expected to comply with the Produce Safety Rule. Several components of this rule have the potential to impact the financial stability of non-exempted farms and limit the growth of exempted farms.

At the Food Safety Modernization Act meeting held at the EcoComplex on Tuesday October 22nd growers expressed their concerns to FDA representatives. The most concerning portions of the rules are:

PRODUCE SAFETY RULE

Agricultural Water Testing Requirements – Subpart E

• Municipal water – You must have a copy of the municipal water testing certificate on hand
• Well water – At the beginning of the season and every three months during production
• Surface water (pond, stream, etc) – Every 7 days during production
• Surface water (well water pumped into a pond) – Once a month if there is no potential for contamination

Biological Soil Amendments of Animal Origin – Subpart F

• Raw manure applications – 9 month wait time from application to harvest of crop
• Purchased soil amendments – Must have a certificate of conformance from producer of product
• Compost – 0 – 45 day wait time from application to harvest of crop based on composting methods used

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The FDA has released a fact sheet with multiple resources for produce growers regarding the Food Safety Modernization Act.  Included resources are:

• Produce rule
• Preventive controls rule
• Key issues (agricultural water, biological soil amendments etc.)
• Backround information on FSMA
• FDA videos and presentations

For more information click on the highlighted “fact sheet” words above.

The Food Safety Modernization Act (FSMA) is the most sweeping reform of food safety laws in over 70 years. Signed January 4, 2011 by President Obama, FSMA aims to create an integrated food safety system and improve the quality of food products to the public by reducing foodborne illness.

On January 4, 2013, the U.S. Food & Drug Administration (FDA) issued two major proposed FSMA rules:
• The proposed rule to establish standards for the growing, harvesting, packing, and holding of produce for human consumption (the produce safety proposed rule); and
• The current good manufacturing practice and hazard analysis and risk-based preventive controls for human food (the preventive controls proposed rule).

In the Federal Register of January 16, 2013 (78 FR 3503 and 78 FR 3646), FDA announced the establishment of two dockets so that the public can review the produce safety proposed rule and the preventive controls proposed rule and submit comments to the Agency. In the Federal Register of August 8, 2013, the Agency extended the comment period for an additional 60 days until November 15, 2013. This is the second and final extension of the comment period for these two rules.

There are two ways to comment:

Comment electronically at:
• Preventive Controls Rule

• Produce Rule 

Written comments may be faxed to the FDA at 301-827-6870 or you may mail them to:
Division of Dockets Management (HFA-305)
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852

FSMA Informational Meeting

October 22, 2013
Rutgers EcoComplex
10:00 a.m. to 12:00 noon
Free of Charge
Sponsored by:  New Jersey Department of Agriculture and New Jersey Farm Burea

For more details click the highlighted link.

The FDA published a new guidance document today focusing on the Preventive Controls portion of the Food Safety Modernization Act.  The document can be read at the FDA FSMA website.

NOTE – The comment period for the Produce Rule has been extended for the final time, comments are due to the FDA by November 15, 2013.  Comments can be made here.

United Fresh held a webinar featuring David Gombus on Tuesday August 13, 2013 focusing on what we know about the Food Safety Modernization Act and how it may affect businesses. The webinar was recorded and is available online at United Fresh.
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