February 27, 2019
RE: Advisory on Response to CDFA Produce Safety Letter and Questionnaire
Dear CAWG Grower Member:
CDFA is providing notice to California growers of certain requirements under the federal Produce Safety Rule, which is administered by the U.S. Food and Drug Administration (FDA). CDFA agreed to partner with FDA to conduct on-farm inspections and ensure grower compliance with the Produce Safety Rule. In a letter dated February 11,
found here
, CDFA is asking growers to fill out and return a questionnaire intended to assist the department in determining inspection priorities.
If you only grow wine-type grape varietals, then you need not fill out the entire questionnaire, as requested by CDFA. This was confirmed to me by CDFA officials.
CAWG worked hard to ensure winegrape growers are exempt from the Produce Safety Rule. Based on our work, Congress passed legislation specifically exempting growers of
grape varietals that are grown, harvested and used solely for wine and receive commercial processing
.
This month, President Trump signed into law language that appears on page 106, Sec 758, of a conference report that accompanied H.J. Res 31. The specific language appears below:
SEC. 758. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption," and published on November 27, 2015, with respect to the regulation of the production, distribution, sale, or receipt of
grape varietals that are grown, harvested and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of public health significance.
CDFA staff confirmed for me that growers of winegrapes need only provide their name, farm name, work phone, cell phone, email and a list of winegrape varietals produced. Also, I suggest you include on the questionnaire a simple statement that you are a winegrape grower. However, if you grow any commodities other than winegrapes, you are strongly encouraged to complete the questionnaire in full and return promptly to CDFA.
It is very important to understand that if you grow any commodity other than winegrapes, you do not qualify for the winegrape exemption. If you grow grape varietals, like Thompson Seedless, recognized as having commercial use as table or raisin grapes or processed into juice, then you do not qualify for the winegrape exemption. That is why it’s important you disclose to CDFA which grape varietals you produce.
I’ve been informed by CDFA that if you have not yet received a letter and questionnaire from them, then you should expect to receive a letter soon. CDFA is still in the process of mailing letters to California growers.
Again, I encourage you to respond to CDFA’s request for information about your operation. However, if you only produce winegrape varietals, as described previously, then rest assured you may simply provide CDFA your basic contact information and a list of winegrape varietals.
Sincerely,
