FDA listens to industry concerns on water
Taking up one of two big industry issues with federal produce safety rules, the Food and Drug Administration is moving back the compliance date for testing for agricultural water quality.
Originally set to take effect Jan. 27, 2020, for large operations covered by the produce safety rule (two years after compliance dates for other parts of the produce safety rule), the FDA said June 6 that it was preparing to extend the compliance dates for agricultural water requirements in the produce safety rule (other than sprouts).
That announcement followed an FDA statement earlier in the year that the agency was exploring ways to simplify the agricultural water standards after receiving feedback from stakeholders that some of the requirements are too complex to understand and implement.
In the June 6 announcement, the FDA said it intends to extend the compliance dates formally at a later date and the length of the extension was under consideration.
“The FDA intends to use the extended time period to work with stakeholders as it considers the best approach to address their concerns while still protecting public health,” the FDA said in the release.
The agency said the extended compliance dates will also give farms an opportunity to continue to review their practices, processes and procedures related to agricultural water and how it is used on their farms.
Two big issues
Agricultural water testing requirements and the confusion over what food safety rules apply to packinghouses are two critical issues with regard to food safety rules, said Jim Gorny, vice president for food safety and technology for the Produce Marketing Association, Newark, Del.
While more clarity on the packinghouse issues is needed, Gorny said the FDA moving back the water testing compliance date is encouraging.
“That’s a win for the industry and it is really important,” he said. “These standards have been probably some of the most contentious provisions in the produce safety rule.”
Through third-party audits to secure market access, commercial growers are already complying with many provisions of the produce safety rule.
The water testing requirement has been a problem, however, and Gorny said the “one size fits all” approach by the FDA is considered by the industry to be overly prescriptive in how it dictates the number of samples, how the samples are taken and what has to be tested for.
“The extension of the compliance date is good news because it signals that the FDA is willing to take a hard look and reassess those agricultural water provisions,” Gorny said. “It lets growers do what growers do best, which is grow, instead of having to worry about these complex, prescriptive, one size fits all ag water requirements.”
Jennifer McEntire, United Fresh Produce Association vice president of food safety & technology, said the industry hopes the FDA will conclusively resolve the water provisions.
Encouragingly, the FDA is sending signals that it intends to do just that, she said.
“It’s a good thing they are pushing it back, as long as the reason for pushing it back is so we can focus on getting it right,” McEntire said. “If they are pushing it back and we are just kicking the can down the road, that won’t be a satisfactory solution.”
