10/29/2013 FSMA (Food Safety Modernization Act) FSMA (Food Safety Modernization Act) FSMA … What you need to know • Federal food safety law -- applies to farms • Disclaimers growing fruits and vegetables normally eaten raw • Proposed rules are hundreds of pages long (covered produce) and to food facilities • Our understanding is evolving (and the only • Law was passed January 4, 2011 interpretation of it that really counts is the • A. Richard Bonanno, UMass Extension Educator interpretation of the FDA inspectors) • Regulations are in proposed form and establish MFBF President • Rules are currently in proposed form, mandatory practices to prevent microbial • Lori Pivarnik, URI Outreach comment period open till November 15th contamination of fresh produce and processed foods • This presentation is merely a summary, for • Thanks to Heather Bryant, UNH more details of the proposed rules refer to the • FDA is the Regulatory Authority!!! full text FDA documents http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334114.htm http://www.regulations.gov/#!documentDetail;D=FDA-2011-N-0920- 0001 FSMA … FSMA … Produce Safety • Most important things you can do… • FSMA has 5 parts but 2 that most apply to us • “Small farms” may qualify for either a complete or qualified exemption • Educate yourself • Produce Safety (applies to farms) • Not all farms will qualify • Rule for Hazard Analysis and Risk-Based Preventive • Decide if you want to comment Controls for Human Food (applies to those who • Exemptions based on total food sales • As an individual manufacture, process, pack or hold human food… • As part of any of the organizations you are “facilities”) “Food” is defined according to the Federal Food, Drug a member of …and the exemptions and time frames for coming and Cosmetic Act section 201(f), which says: into compliance are different for each part The term ‘‘food’’ means (1) articles used for food or drink …qualifying for an exemption under one part does for man or other animals, (2) chewing gum, and (3) not automatically mean you will qualify for an exemption articles used for components of any such article. under the other Presentation by Dr. Richard Bonanno 1
10/29/2013 Produce Safety Exemptions… Produce Safety Exemptions… Produce Safety… • For Non-exempt farms Produce Safety rules only • Sales below $25K/yr averaged over 3 yrs = Exempt • Qualified End Users apply to covered produce • Sales between $25K and $500K/yr averaged over 3 • Consumers • Covered produce includes crops commonly yrs AND more than half your sales to “qualified end consumed raw – almonds, apples, apricots, asian pear, • Restaurants users” = Qualified Exemption aprium, avocados, babco, bamboo shoots, bananas, Belgian • Retail Food Establishments (primary function is endive, blackberries, blueberries, broccoli, cabbage, cantaloupe, • Keep records to prove exemption carambola, carrots, cauliflower, celery, cherries, citrus, to sell food to consumers, ex grocery stores, cucumbers, curly endive, garlic, grapes, green beans, guava, and convenience stores) • Covered produce must be labeled with your herbs (such as basil, chives, cilantro, mint, oregano, and parsley), business name and address or with a sign honeydew, kiwifruit, lettuce, mangos, other melons, mushrooms, • Must be in-state or within 275 mi of the farm nectarine, onions, papaya, passion fruit, peaches, pears, peas, featuring this information at point of sale peppers (such as bell and hot), pineapple, plums, plumcot, radish, Everyone else is not exempt raspberries, red currant, scallions, snow peas, spinach, sprouts, • strawberries, summer squash (such as patty pan, yellow and BUT…if implicated in an outbreak of foodborne illness, zucchini), tomatoes, walnuts, watercress, and watermelon; and exemption can be revoked and those you sell to may mixes of intact fruits and vegetables (such as fruit baskets). require more of you THIS IS NOT AN EXHAUSTIVE LIST FSMA … Produce Safety Proposed Rules… Worker Health and Hygiene Non-covered produce or produce rarely eaten • Non-Exempt Farms Must comply with regulations • Workers must be trained in handwashing and • raw, are identified by the FDA using the following related to food hygiene exhaustive list — arrowhead, arrowroot, artichokes, • Trainer can be a member of your staff, but they • Worker Health and Hygiene asparagus, beets, black-eyed peas, bok choy, Brussles sprouts, have to take an accredited course chick-peas, collard greens, crabapples, cranberries, eggplant, • Agricultural Water figs, ginger root, kale, kidney beans, lentils, lima beans, okra, • Toilets and hand washing stations with running parsnips, peanuts, pinto beans, plantains, potatoes, pumpkin, • Equipment, Tool, and Building Sanitation water , soap and single use towels must be rhubarb, rutabaga, sugar beet, sweet corn, sweet potatoes, taro, turnips, water chestnuts, winter squash (acorn and butternut • Biological Soil Amendments (compost & readily accessible. Sanitizer is not adequate. squash), and yams manure) • Workers must take steps to prevent carrying THE ABOVE CROPS ARE EXEMPT FROM THE PROPOSED • Domestic and Wild Animals contaminants from livestock to covered produce PRODUCE SAFETY RULES: A “kill step” is used in food preparation. • Records must be kept to prove that you are in • Training records must be kept compliance with all regulations Presentation by Dr. Richard Bonanno 2
10/29/2013 Agricultural Water … Agricultural Water … Agricultural Water … • Ag water is defined as water that is used in such • Ag water must be tested. The frequency depends • Testing Requirements a way that it contacts or is likely to contact on the source and use • Farms using municipal water can replace testing covered produce, this includes with documentation from the water facility proving • If at any point ag water fails a test, you need that the water meets the standards • Irrigation water to cease using it and take corrective action • Water used to make ag teas and pesticide sprays • Well water must be tested at the beginning of the • The water system must be re-inspected and • Water used to wash or cool produce season and every 3 months thereafter the water re-tested after corrective action has • Water used to prevent dehydration produce • Water used in cleaning and handwashing been taken. • Well water that has been stored in an above ground holding tank or pond must be tested every month • Portions of the agricultural water system under your control must be inspected at the beginning • Surface water must be tested every 7 days unless it of the season and must be maintained. is from a source that you control, then every month Agricultural Water … Agricultural Water … Sanitation: Equipment, Tools, and Buildings Ag water can be treated with antimicrobials in • • Testing Standards… place of testing, but • This section includes equipment or tools likely to • If it contacts covered produce during growing it must at the current time no such antimicrobials are EPA contact covered produce. Some examples are • contain no more than 235 CFU generic E. coli per approved for use in irrigation systems. knives, harvest buckets, thermometers, tables, 100 mL sample, and no more than an average of If wash water is treated with more than 200 ppm chlorine tractors, wagons, and trucks. There must also be a 126 CFU per 5 samples (recreational water) • the farm is processing and must comply with the focus on anything that moves from manure areas • If it contacts covered produce during or after harvest requirements of Preventive Controls. to fields or packing houses. must have no E. coli (less than detectable levels) per Wash water must be changed frequently enough • 100 mL sample (potable) • The above items must be of proper design so that that it has no detectable levels of E. coli or treated they can be kept clean, and they must be • Again, if it does not meet the standards it cannot be with sanitizer inspected, maintained, cleaned, sanitized and used until corrective actions have been taken and • Records must be kept of inspections, testing, and stored properly in order to prevent contamination subsequent testing shows the actions were effective corrective actions of covered produce. Presentation by Dr. Richard Bonanno 3
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