Tester’s Fallout

Whether you were for or against the Tester Amendment, the fact remains that it is now part of the Food Safety Modernization Act (FSMA). What makes this amendment controversial is that it exempts small growers from complying with FDA food safety rules.

So what exactly does the Tester Amendment mean to you? Well, if your annual sales are in excess of $500,000, the amendment will not impact your operation. The Tester Amendment, which is sponsored by Senator Jon Tester (D-MT) and co-sponsored by Senator Kay Hagan (D-NC), specifies the following:

• Allows exemptions for operations with annual sales of less than $500,000 and that sell the bulk of their produce to consumers, or to restaurants and retailers within the state or within 275 miles. It is important to note that FDA will have the authority to rescind an exemption if the operation has been linked to a foodborne illness outbreak.

• FDA will conduct a study to define what it means to be a “very small” operation for purposes of the exemption.

• For FDA purposes, defines farmers market and roadside stand sales as “direct sales.”

• Requires exempted businesses to demonstrate to FDA that facilities qualify for the exemption and that they are in compliance with state or local food safety laws.

• Exempted operations would be required to put their name and address on product labels.

According to Andrea Helling, a spokesperson from Senator Tester’s office, the amendment was crucial to the final version of the FSMA to ensure that “family farmers and food producers can continue to have access to the market without having to jump through new hoops — regulations they can’t afford and don’t need — set up by the federal government. The amendment ensures that local and state health departments can continue to regulate locally produced and processed food.”

The Exemption Figure

How was the $500,000 exemption figure determined? According to Helling, the dollar amount was a secondary determining factor after growers had already established that the majority of their goods are sold locally.

Even though small operations are exempt from the FSMA, the limitation clause still holds them accountable if a foodborne illness outbreak is traced back to their farm, adds Helling. People who buy their food from local producers know where they are getting their food, she continues. “If there is a problem with the food they purchase, they know where the problem began.”

The overriding goal of this amendment is to ensure that small family operations are able to stay in business and are not overburdened with regulations. Their focus, according to Helling, should be on producing healthy food.

For more information about the Tester Amendment, go to tester.senate.gov/Legislation/foodsafety.cfm.