LEGAL ALERT: FDA supplements proposed ag water rule with new compliance dates

Editor's Note

The U.S. Food and Drug Administration (FDA) has issued a supplemental notice of proposed rulemaking with new compliance dates for the FSMA proposed rule regulating use of agricultural water. Proposed pre-harvest agricultural water requirements would begin to apply to covered businesses a set period of time after final rule’s effective date:

2 years and 9 months for very small businesses
1 year and 9 months for small businesses
9 months for all other businesses

Additionally, the supplemental rulemaking announced an extended period of enforcement discretion for harvest and post-harvest requirements:

January 26, 2024 for very small businesses
January 26, 2024 for small businesses
January 26, 2023 for all other businesses

FDA intends to continue expanded outreach and education about the agricultural water requirements up to and through the first year of compliance activity.

July 2022

Federal Register

FDA supplements proposed ag water rule with new compliance dates

SUMMARY:

The Food and Drug Administration (FDA, the Agency, or we) is proposing dates for compliance with the pre-harvest agricultural water provisions for covered produce other than sprouts in the “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Relating to Agricultural Water” proposed rule. We also are specifying the duration of the period during which we intend to exercise enforcement discretion for the harvest and post-harvest agricultural water requirements for covered produce other than sprouts in the produce safety regulation to provide covered farms, regulators, educators, and other stakeholders additional time to facilitate compliance with those provisions. The proposed compliance dates for pre-harvest agricultural water requirements and our exercise of enforcement discretion for the harvest and post-harvest agricultural water provisions are intended to facilitate successful implementation and optimize public health protections. We are reopening the comment period only with respect to the compliance dates for the proposed pre-harvest agricultural water provisions for covered produce other than sprouts.