issued a fact sheet and constituent update on Friday to remind producer stakeholders of the upcoming end of the enforcement discretion period for post-harvest and post-harvest agricultural water requirements for produce covered by the Produce Safety Rule, other than sprouts.
For large economies covered by the rule, this deadline will expire in just a few days, on January 26, 2023.
As it has done with other FSMA rules, the Food and Drug Administration plans to take an educational stance on these harvest and postharvest requirements as farmers begin to implement them. During the first year after the proposed enforcement discretion expires, FDA will work closely with state and industry partners to promote training, technical assistance, educational visits, and farm readiness reviews to prepare both farmers and state regulators for these provisions. for implementation. .
FDA continues to intend to exercise enforcement discretion to pre-harvest agricultural water requirements for covered produce other than sprouts while FDA continues the rulemaking process.
The implementation period for providing agricultural water from harvest and postharvest to covered produce (other than sprouts) under the produce safety rule will expire on January 26, 2023 for all but small and very small businesses.
To prepare growers, the FDA has published an information sheet with questions and answers about the requirements.
In December 2021, FDA published a proposed rule that would revise subpart E of the Produce Safety Rule of FDA’s Food Safety Modernization Act (FSMA) by changing certain preharvest agricultural water requirements for covered produce other than sprouts.
The proposal did not include changes to agricultural water harvesting and postharvest requirements. FDA then issued a supplemental notice of proposed rulemaking to extend the compliance dates for preharvest requirements and to announce the expiration dates for enforcement discretion for postharvest and postharvest agricultural water requirements as follows:
- January 26, 2025, for very small businesses.
- January 26, 2024 for small businesses. and:
- January 26, 2023 for all other businesses.
During the first year after the proposed enforcement discretion expires, FDA will work closely with international, government, and industry partners to promote training, technical assistance, educational visits, and farm readiness reviews to prepare both farmers and regulators. these provisions.
Interested parties with questions about these requirements should contact their local Product Safety Network representative or submit an inquiry to the FSMA Technical Support Network.
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