Opinion: Prepare For Food Safety Law

Rosemary Gordon

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Editor’s Note: In late July, FDA released two more proposed rules under the Food Safety Modernization Act (FSMA). Foreign supplier verification for importers and third-party auditors are the focus of new rules, with comment period for all FSMA rules extended to Nov. 13. Click here for more information. 


The big news at press time was House Republicans passing a Farm Bill, splitting apart funding for food stamps from federal agricultural policy. The food stamp program typically has made up more than 75% of the funding in the Farm Bill.

Just a couple of weeks prior to the passage of the Farm Bill in the House, the Senate pushed through the Border Security, Economic Opportunity, and Immigration Modernization Act, presenting the landmark legislation to the House of Representatives in July.

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As the Farm Bill and immigration reform — or should I say lack of a Farm Bill and immigration reform — have been, at the very least, taking over the headlines, let’s not forget what is looming large in the not-so-distant future: implementing the Food Safety Modernization Act. Specifically, I’m talking about the proposed Food Safety Rule. When FDA released the rule earlier this year, a comment period followed.

The comment period recently was extended from the Sept. 16 deadline to Nov. 13. (For information about the rule, go to http://bit.ly/WX6Kk4 to read “10 Things You Need To Know About The Produce Safety Rule.” Additional information can be found at www.fda.gov/Food/GuidanceRegulation/FSMA/ucm358090.htm).

In January, two new proposed rules for the Food Safety Modernization Act were unveiled by FDA: the preventive controls and produce rules. The preventive controls rules mainly concern the manufacturing and processing portion of the industry. The produce rules, however, hone in on water, farm-worker hygiene, soil amendments, animals in growing area, equipment, tools and buildings, etc.

Get Educated
Do you fully understand what will be required of your operation with regard to the Produce Safety Rule? I’ve talked to some large growers and several have told me they are already set to comply with the law. In fact, some said they currently go above and beyond what will be required of them. I’ve also heard there are growers out there who are unprepared for what is to come.

The Busy Excuse
Everyone is busy and growers are no exception. As food safety is critical to virtually all vegetable growers, don’t miss out on the opportunity to let your voice be heard. Specifically, does FDA know about your situation and practices? If you don’t say anything, the agency never will.

In a recent newsletter from the Produce Safety Alliance (PSA), Gretchen Wall, PSA program coordinator, and Besty Bihn, PSA program director, encouraged growers to provide feedback on the rule to FDA. “Comments that are thoughtful and substantive, containing real examples and data that support your position are encouraged and will have the most impact,” they said. (For more information on PSA, go to http://producesafetyalliance.cornell.edu/psa.html.)

Where should you send your comments? Here are three options: You can send them electronically by going to www.regulations.gov/#!docketDetail;D=FDA-2011-N-0921; fax your comments to FDA at 301-827-6870; or send them to Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852.
In the meantime, stay tuned to GrowingProduce.com for the latest food safety updates.

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