Food Safety Practices

There are rules and regulations that must be met in harvest and post-harvest handling to ensure food safety. This fact sheet breaks down the basics of the Food Safety Modernization Act (FSMA), the Produce Safety Rule, how to ensure you and your farm are compliant, and provides resources for further study of FSMA and support for implementing requirements.

Food Safety Modernization Act Compliance

From growing to distribution, ensuring proper food safety procedures are vital to any food production operation, for the benefit of consumers as well as producers. Food-borne illnesses are caused by microorganisms like bacteria, viruses, or parasites. When ingested, these microorganisms, or their toxins, may pose serious health implications, including death. However, many of these issues can be avoided by addressing the way produce is handled and processed. The Food Safety Modernization Act (FSMA) was introduced to standardize these procedures and mitigate the risks associated with food-borne illnesses.

FSMA fully went into effect in 2016, regulating industry practices for growing, harvesting, packing, and holding foods. Under this act is the Produce Safety Rule, which sets regulations and requirements for fresh fruits and vegetables, including the use of biological soil amendments, worker training, health and hygiene practices, standards for equipment, tools, and buildings, water practices, and pesticide usage.

What produce has to meet the Produce Safety Rule?

• If the produce is typically consumed raw, it must be grown in compliance with this rule. Some examples are cucumbers, carrots, melons, tomatoes, etc.
• Produce that is rarely eaten raw is considered exempt. This includes crops such as asparagus, okra, winter squash, potatoes, etc. To help make this distinction between crops, refer to the FDA guide of ‘rarely consumed raw’ foods.
• Also exempt are grains such as oats, rye, rice, etc., and produce that receives commercial processing to eliminate contaminants.

The Produce Safety Rule does not cover farms that have sold less than $27,000 on average annually in produce over the last 3-year period. You may be eligible for ‘qualified exemption’ if you grow produce and your food sales meet the following criteria: (In these criteria, ‘food’ is used to mean all human and animal food, regardless of Produce Safety Rule categorization)

• The food sales from the business averaged less than $539,982 per year during the last 3-year period.
• The sum of all food sales to any purchasing consumer or entity within the same state as the farm, or under 275 miles away, must be greater than the sum of all other sales.

Should your farm meet these requirements, you must disclose the farm name and location on the label of any product or at point of sale, keep detailed business records, and be subject to inspections to verify continuing exemption status.

Resources

For support in navigating these regulations and what their implications for your business are, here are some helpful resources to ensure you are keeping yourself, your products, and consumers safe:

• NYS Department of Agriculture and Markets has made a Produce Safety Rule FAQ to address common questions farmers in New York State have about the implications of the Rule on their operations.
• The Maryland Department of Health has compiled a library of information on food safety procedures for both consumers and industry standards.
• The Northeast Center to Advance Food Safety (NCAFS), operating through the University of Vermont, offers many programs, resources, and training for food producers.
• NCAFS also compiled an informational guide to food safety measures and procedures specific to hydroponic and aquaponic operations.
• Cornell CALS formed the Produce Safety Alliance in collaboration with the USDA and FDA to support fresh food producers in meeting FSMA requirements and supporting food safety practices. On their website, you can find access to trainings and courses as well as further information and resources. It is highly recommended to attend a grower training if you are excluded or exempt from the Produce Safety Rule.
• For more details about FSMA and the Produce Safety Rule, visit the FDA website.