York cautions against lax approach on water

In making the produce safety rule on agricultural water flexible for growers, Tim York says it is important the rules still mean something.

As part of President Trump’s executive order to reduce regulatory burdens, the Food and Drug is seeking public comments until Feb. 5 on possible adjustments to food safety rules.

Jim Gorny, vice president of food safety and technology for the Produce Marketing Association, and Jennifer McEntire, vice president of food safety and technology for the United Fresh have taken lead roles in drafting industry comments on agricultural water provisions for growers, Listeria monocytogenes on raw fruits and vegetables and the applicability of the produce safety rule to off-farm packinghouses.

The agricultural water provision of the produce safety rule has been controversial, and the FDA in September issued a proposed rule that extends the compliance dates for the agricultural water requirements by an additional two to four years for produce other than sprouts.

The extension will allow the FDA to “take another look” at the water standards to ensure that they are feasible for farmers in all regions of the country and still protect public health, according to the FDA. 

While some in the industry have suggested replacing the FDA water testing language with less specific demands for growers to ensure that agricultural water is safe and adequate for its intended use, York, CEO of Salinas, Calif.-based Markon Cooperative, stressed the importance of putting meaningful agricultural water regulations in place.

“I believe it is impossible to have a produce safety rule without addressing the impact and potential of water to contribute to both safety and the potential for contamination,” he said Dec. 5.

He cited the Leafy Greens Marketing Agreement, created in 2007 largely in response to the 2006 E. coli outbreak linked to spinach, put in place specific agricultural water testing requirements.

“I don’t know why we would want to go backward on water,” York said. “You have an LGMA standard in California and Arizona, (which supplies) 90% of lettuce and leafy greens in the country,” he said. He said LGMA agricultural water testing requirements have been an effective measure and benchmark for growers. “Why would we want to throw that out the window for other products and other states? It doesn’t make sense for me,” York said.

While there are expenses in testing water, he said there are reputational costs if it is not done, he said.

“The cost of water testing no doubt are significant, but I would say the costs of not testing, inadequate testing or testing poorly are far greater,” he said.

Driven by demands of buyers, York said the LGMA put in place food safety metrics that were specific, measurable and verifiable. The produce safety rule should do the same.

“How do you measure against saying ‘This is appropriate water quality?’” York said. “That’s not a metric, that’s wishful thinking.”

While some larger growers may be up to the task, York said not all growers are in a position to determine the appropriate water quality for their crops.