November 30, 2021

Volume XI, Number 334

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November 30, 2021

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November 29, 2021

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FDA Expands Outreach to Produce Farmers as Comment Period Remains Open on Food Safety and Modernization Act's (FSMA) Proposed Produce Safety Rule

FDA has, yet again, extended the comment period for two of the agency’s major proposed rules, the rule on preventive controls for food manufacturers and the rule on safety standards for fresh produce. Comments on both rules are now due November 16, 2013. Earlier this month, FDA released a number of resource documentstargeted to produce farmers to explain the proposed produce safety rule and solicit the agricultural industry’s input.

The proposed produce safety rule was released for public comment on January 4, 2013 and, as required by the Food Safety and Modernization Act of 2010 (FSMA), proposes science-based standards for growing, harvesting, packing and holding produce on domestic and foreign farms. The proposed rule sets standards associated with identified routes of microbial contamination of produce, including: (1) agricultural water; (2) biological soil amendments of animal origin (3) health and hygiene (4) animals in the growing area and (5) equipment, tools and buildings.

Although the proposed produce rule covers most fruits and vegetables while they are in their raw or natural (unprocessed) state, it does not apply to raw agricultural commodities that are rarely consumed raw, those produced for personal or on-farm consumption, and (with certain documentation) those destined for commercial processing, such as canning, that will adequately reduce microorganisms of public health concern. In addition, some farms would not be covered by the rule, or may qualify for a partial exemption based on factors including the monetary value of their food sales and to whom they sell. The partial exemption would still subject eligible farms to certain modified requirements, and could be withdrawn in certain circumstances.

©2021 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume III, Number 220
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About this Author

Leah Hurgten Ziemba, Michael Best Law Firm, Agribusiness and Energy Attorney
Partner, Industry Group Chair

Leah takes a big-picture approach in advising clients as they face challenges on environmental, food safety, and regulatory compliance issues. She draws on experience gained in cases involving the EPA, FDA, and other public agencies.

Leah’s success as a counselor, litigator and negotiator reflects her combination of subject matter expertise, industry knowledge, and creativity. Her work includes:

  • Investigating, assessing, and remediating vapor intrusion issues at sites with historic solvent contamination...

608-283-4420
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