A fact sheet and ingredient update was released Friday to alert produce stakeholders to the end of the expected enforcement discretion period for harvest and post-harvest agricultural water requirements in the produce safety rule for produce other than sprouts.
That period ends a few days later, on Jan. 26, 2023, for large farms covered by the rule.
As other FSMA rules have done, FDA plans to take an educational posture as farms begin to implement these harvest and post-harvest requirements. During the first year following the end of the anticipated enforcement discretion period, FDA will work closely with state and industry partners to advance training, technical assistance, educational visits, and farm readiness reviews to prepare farmers and state regulators for implementation of these regulations.
FDA continues to intend to exercise enforcement discretion regarding pre-harvest agricultural water needs for covered products other than sprouts while FDA continues the rulemaking process.
The expected enforcement discretion period for harvest and post-harvest agricultural water provisions for produce covered by the Produce Safety Rule (other than sprouts) ends on January 26, 2023, for all businesses except small and very small businesses.
To help growers prepare, the FDA has issued a fact sheet with questions and answers about the requirements.
In December 2021, FDA published a proposed rule that would amend Subpart E of the FDA Food Safety Modernization Act (FSMA) Produce Safety Rule to change certain pre-harvest agricultural water requirements for covered produce other than sprouts.
The proposal does not include changes to harvest and post-harvest requirements for agricultural water use. Subsequently, FDA issued a supplemental notice of proposed rulemaking to extend the compliance date for pre-harvest requirements and to announce the end date of the anticipated enforcement discretion provided for harvest and post-harvest agricultural water requirements, as follows:
- January 26, 2025, for small businesses;
- January 26, 2024, for small businesses; and
- January 26, 2023 for all other businesses.
During the first year following the end of the anticipated enforcement discretion period, FDA will work closely with international, state, and industry partners to advance training, technical assistance, educational visits, and farm readiness reviews to prepare farmers and regulators to implement the rules.
Stakeholders with questions about these requirements should contact their local Produce Safety Network representative or submit an inquiry to the FSMA Technical Assistance Network.
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