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April 10, 2019
Hello Produce Safety Alliance Members:
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As the deadline for commenting on the draft Produce Safety Rule guidance quickly approaches
(April 22, 2019)
, we would like to reiterate the importance of your engagement in the commenting process. At the beginning of this newsletter, you will find some helpful resources and webinars to aid in understanding what is currently in the draft guidance and how you can submit comments to the docket. We hope that many of you will take the time to read the draft guidance, consider how it may impact your farm or farms of those you work with, and provide comments. Comments that contain real examples and data that support your position are encouraged and will have the most impact.
There are also quite a few FDA updates, educational resources, and industry initiatives highlighted below, so keep reading for more helpful produce safety information.
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Reminder to Comment: Draft Produce Safety Rule Guidance
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Written comments can be sent to:
Docket Management Staff (HFA-305)
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852
All submissions received must include the Docket No. FDA-2018-D-3631. The electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of April 22, 2019. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.
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Upcoming Webinar Opportunity โ April 12, 2019, 2-3 PM Eastern
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On Friday, April 12, 2019 from 2-3 PM Eastern, the Local Food Safety Collaborative, with the National Farmers Union and the National Young Farmers Coalition, is offering a free webinar to help inform produce growers and farm organizations about the guidance and how to submit comments. The webinar is free, but does require registration.
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Archived Webinar on Draft PSR Guidance Hosted by the PSA
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On March 26, 2019, the PSA team hosted a special webinar to discuss the draft Produce Safety Rule guidance which highlighted the PSA teamโs key take-aways, including considerations for further review or comment and how the draft may impact the delivery of the PSA curriculum.
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Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption; Extension of Compliance Dates for Subpart E
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On March 18, 2019, the
FDA published the final rule
to extend the compliance dates for the agricultural water provisions included in Subpart E. Larger farms are now required to comply with the agricultural water requirements by January 26, 2022, while small farms have until January 26, 2023 and very small farms until January 26, 2024. This rule does not change the compliance dates for sprout operations.
These compliance dates have been extended while the FDA considers how best to protect public health while addressing widespread concerns about the complexity of the agricultural water requirements and the practicality of implementing them across a wide variety of farms, water sources and uses. The FDA intends to use this time to work with stakeholders to address these concerns.
While this rule extends the compliance dates for the agricultural water provisions, produce remains subject to the other provisions of the Produce Safety Rule and the adulteration provisions of the Federal Food, Drug and Cosmetic Act (FD&C Act).
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FDA Announces Enforcement Discretion Policy for Certain Produce Commodities
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On March 27, 2019, the FDA announced that it intends to
exercise enforcement discretion
for the requirements of the Produce Safety Rule as they apply to entities growing, harvesting, packing, and holding wine grapes, hops, pulse crops, and almonds.
The Produce Safety Rule establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables for human consumption. The rule does not apply to produce that is considered to be rarely consumed raw (RCR), grown for personal or on-farm consumption, or not a raw agricultural commodity. Commodities considered to be RCR are those that the FDA has determined are typically cooked before consumption. Produce that is otherwise covered by the rule may still be eligible for an exemption if it undergoes commercial processing that adequately reduces the presence of pathogens and certain recordkeeping and documentation requirements are satisfied.
After the Produce Safety Rule was finalized, FDA received feedback from stakeholders that wine grapes, hops, pulses, and almonds should be exempt. After conducting an initial review of the production and use of these commodities, FDA has decided to exercise enforcement discretion with respect to the Produce Safety Rule for entities growing, harvesting, packing, or holding these commodities, while they consider pursuing rulemaking to address the unique circumstances they each present. FDA will continue to enforce the statutory prohibition against introduction or delivery for introduction of adulterated food into interstate commerce.
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Resources & Educational Opportunities
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Updated Supplemental Presentations on Agricultural Water Available
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In light of the recent FDA announcement and finalization of the extension of compliance dates for Subpart E โ Agricultural Water requirements, the PSA team has updated the following supplemental resources for use during PSA Grower Training Courses.
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Webinar for Water Quality Testing Labs
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Monday, April 15, 2019 | 1:00โ2:00 pm ET
This webinar targets laboratory personnel
who wish to learn how testing requirements for agricultural water samples (sprouts and other fresh produce) may be different from those of more traditional laboratory clients such as wastewater utility and beach monitoring; status of water quality requirements and compliance schedules; and FDA-accepted analysis methods. Please inform labs that analyze water for farms or sprouters about this webinar; other stakeholders may benefit from the information as well. Presented by Kaiping Deng, SSA and Don Stoeckel, PSA. Moderator Nancy Hall, University of Iowa.
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USDA Economic Research Service Reports Available
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April 2019
Travis Minor, Gerard Hawkes, Edward W. McLaughlin, Kristen S. Park, and Linda Calvin
August 2018
John Bovay, Peyton Ferrier, and Chen Zhen
August 2018
Gregory Astill, Travis Minor, Linda Calvin, and Suzanne Thornsbury
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Other Industry Announcements
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Through our colleagues at United Fresh, the following drafts of the Tomato Metrics have been proposed based on recommendations from the United Fresh Tomato Metrics Working Group, who met in May 2018. The group recommended that the Metrics be updated to remove or edit certain items considered to be redundant to the broader United Fresh
GAPs Harmonized Standards
. Upon publication of the updated Metrics, the intent is that growers/processors may be audited against a broader food safety standard (i.e. GAP Harmonized Standard), and the Tomato Metrics may be used as an industry-specific addendum to those standards.
Public comments are due to
Dr. Emily Griep
by May 3, 2019. After that point, the Tomato Metrics Working Group will review all comments and finalize the Metrics updates.
Draft Tomato Food Safety Protocols
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PSA Quarterly Training Report Available
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The PSA conducts quarterly training reports to highlight training progress, nationally and internationally. Since the launch of PSA's programs in September of 2016, close to 37,000 individuals have attend the PSA Grower Training and over 2,500 have attended the PSA Train-the-Trainer Course! The next report will be conducted in late June.
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The Ohio Ecological Food and Farm Association announces an immediate opening for two Certification Specialists. The successful applicants will join a team of bright and passionate individuals who are committed to upholding the integrity of the organic label and furthering the sustainable agriculture movement. Please consider applying if you have experience with food and agriculture, a strong work ethic, and value a collaborative approach. In this round of hiring, additional consideration will be given to applicants who have education and experience in food science and/or food processing and who wish to work with OEFFAโs handling and processing clients. These are full-time positions (40 hours/week) based in our Columbus, OH office. Applications received by April 16, 2019 will be assured full consideration.
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