Feds release final pre-harvest agricultural water rule with eye to food safety
It’s a slippery fish — that final food safety rule for water used on crops before they’re harvested. The goal of the rule is threefold: to prevent people getting sick from foodborne pathogens, to prevent produce-related outbreaks, and to reduce water-related risks. This is a rule that has been pulled in and thrown back several
It’s a slippery fish — that final food safety rule for water used on crops before they’re harvested.
The goal of the rule is threefold: to prevent people getting sick from foodborne pathogens, to prevent produce-related outbreaks, and to reduce water-related risks.
This is a rule that has been pulled in and thrown back several times. More than once, it has been fine-tuned based on science and comments from the agricultural community.
Now, finally, a revised new rule has been brought to shore and kept, as of early last month.
The original rule
The original rule came out in 2src15. Its requirements were for water that comes into contact with certain produce, namely fruits and vegetables such as strawberries and lettuce that are typically eaten raw. Water used for sprouts has different standards.
Crops that are cooked before eating aren’t affected by this because cooking involves a kill step — heating the food to temperatures high enough to kill pathogens. This includes pasteurized fruit and vegetable juices.
The feedback that the FDA received on its original version was that these microbial standards, which included numerical criteria for pre-harvest microbial water quality, were too complex for many growers to understand, translate, and implement.
Some of the growers and others in the produce industry went so far as to say that maintaining a microbial water quality profile and its associated testing requirements were challenging and even unattainable for many of them.
In response to these concerns, the FDA considered how it might simplify the water standards in an attempt to reach a balance that decreases regulatory burdens on growers, whenever appropriate, while at the same time keeping consumers safe.
With that much done, the agency came up with the new final rule.
The final rule
As such, the final rule replaces the previous microbial standards and now instead has requirements for pre-harvest agricultural water assessments for hazard identification and risk management decision-making purposes.
The assessments are used to identify conditions that are reasonably likely to introduce known or reasonably foreseeable hazards into or onto produce or food contact surfaces, and to determine whether, and how soon, corrective or mitigation measures must be implemented to minimize risks associated with pre-harvest agricultural water.
According to the FDA, they reflect recent science, findings from investigations of several produce-related outbreaks, and information and feedback from a variety of stakeholders.
As part of pre-harvest agricultural water assessments, produce farms covered by the rule would be required to evaluate certain factors, such as the location of the farm’s water source, the way the crop, or crops, are irrigated, and the frequency of environmental conditions such as heavy rains that could impact water quality and therefore jeopardize produce safety. Also, if they switch from well water to surface water from streams, lakes and rivers, among other sources. Or if their neighbor begins running livestock on adjoining land. It also includes ways to deal with these problems.
Although these assessments are separate from the water-system inspection, they should be conducted in addition to the assessments.
The inspection should note system details such as any changes to the water source, water delivery system, or adjacent land.
Growers who find that their agricultural water is not safe or not clean enough for its intended uses should immediately discontinue its use and immediately take the necessary measures before using it for pre-harvest uses.
And even if a system change has not occurred, a review of the assessment and a system inspection should be conducted on an annual basis, at a minimum.
Who is exempt?
Growers must demonstrate that pre-harvest agricultural water meets specific requirements:
°It must meet the specific requirements that apply to harvest and post-harvest agricultural water;
°It is water is received from a public water system;
°It is treated in agreement with the standards expressed in the Produce Safety Rule;
°It is reasonable that the quality of the previously discussed water will not change before being used as agricultural water.
When do growers have to comply?
The effective date for the Final Rule was July 5, 2src24, but there are three different compliance dates to consider depending on the size of a farm.
°Very Small” Farms – April 5, 2src27
°Small Farms” – April 6, 2src26
°All other businesses: – April 7 2src25
The FDA defines size based on annual produce-related sales: Very small businesses have sales of $25,srcsrcsrc to $25src,srcsrcsrc; small businesses have $25src,srcsrcsrc to 5srcsrc,srcsrcsrc; and the third category is businesses greater than $5srcsrc,srcsrcsrc.
Why?
Keith Schneider, food safety professor at the University of Florida, reminds us that “Water has the biggest potential to turn small problems into large problems.”
More information
Go here to see the final rule.
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