Updates on the Food Safety Modernization Act and Maryland Legislative Session

Published in the January 28, 2017 issue of Lancaster Farming

Legislative Update

During the Legislative Session, the Maryland Department of Agriculture follows many bills that may impact the agency and the customers we serve. We will regularly post a synopsis of the bills the department is tracking and a hearing schedule that is updated from the Department of Legislative Service​​s’ website. If we provide a PowerPoint presentation or written testimony for any bill, it will be posted on our website after the hearing, if not sooner.

Last week my team and I briefed the Maryland Senate Education, Health & Environmental Affairs and House Environment & Transportation committees on a number of issues and provided status updates on the Phosphorus Management Tool and Manure Transport Program at the Maryland Department of Agriculture.

You can access those presentations and all of our 2017 Legislation information at www.mda.maryland.gov under “Hot Topics”.

Food Safety Modernization Act

Congress passed the Food Safety Modernization Act (FSMA) in 2010 giving the U.S. Food and Drug Administration the authority to regulate food production/manufacturing practices. FDA has promulgated seven rules to implement FSMA – four of which potentially have an impact on Maryland farmers.

The most significant impact on Maryland farmers will be the Produce Safety Rule, which for the first time regulates production practices (human pathogens in irrigation water, use of biological soil amendments, worker health and hygiene and proximity of livestock, poultry, domestic and wild animals to fruit and vegetable production).

FDA awarded $3.6 million over five years to the Maryland Department of Agriculture to develop a Maryland Produce Safety Program equivalent to the FSMA Produce Safety Rule that includes: outreach; education and technical assistance for produce growers and packers; and eventually inspection and enforcement of the provisions of the Produce Safety Rule. FDA plans to continue funding the Maryland Produce Safety Program after the initial five year period in lieu of FDA conducting inspections and enforcement in Maryland. MDA has a cooperative agreement with University of Maryland and University of Maryland Extension to provide the education and technical assistance farmers will need to successfully implement practices that meet the requirements of the rule. The department will provide outreach and technical assistance to produce growers and will develop the inspection and enforcement piece. The first inspections are required to be conducted in 2018.

The Produce Safety Rule exempts the following:

• Farmers that only grow produce that is rarely consumed raw, such as potatoes and food grains.
• Farmers that only grow produce that receives commercial processing with a step that adequately reduces the presence of microorganisms of public health concern, as long as they maintain required documentation.
• Produce growers with less than $25,000 of annual produce sales.

Additionally, produce growers with less than $500,000 of human and animal food sales annually based on a three year average that sell more than 50 percent of the food directly to consumers or to a retail or food service location within the same state or no more than 275 miles away may be eligible for a “Qualified Exemption”. Although the gross sales used to determine eligibility for the “Qualified Exemption” include both human and animal food, the requirements of the Produce Safety Rule only apply to produce covered by the rule.

FSMA Compliance Dates Fast Approaching

Any grower who believes they may meet the “Qualified Exempt” criteria must begin maintaining records starting January 26, 2017, documenting their total gross sales of human and animal food and the gross sales directly to the consumer and to restaurants and retailers located within Maryland or not more than 275 miles away. Modified requirements for labeling must be in place by January 1, 2020. Very small businesses (defined as those with more than $25,000 but no more than $250,000 produce sales annually based on a three year average) are required to be compliant by January 26, 2020. Small businesses (defined as those with more than $250,000 but no more than $500,000 produce sales annually based on a three year average) are required to be compliant by January 26, 2019. All other farms are required to be compliant by January 26, 2018.

Whether a Maryland farm falls into the exempt, qualified exempt or fully covered category, all produce growers will need to follow the requirements of the produce safety rule to protect public health and meet buyer requirements. Although many farms have already implemented best practices for produce safety, there is always room for improvement. MDA is currently identifying and developing resources to assist Maryland produce growers in implementing practices that meet the requirements of the Produce Safety Rule and will provide the safest produce possible to consumers. For more information, visit www.mda.maryland.gov/fsma