On September 13, 2017, the Food and Drug Administration issued a proposed rule to extend, for covered produce other than sprouts, the dates for compliance with the agricultural water provisions (subpart E) in the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption rule ("Produce Safety Rule"). The Produce Safety Rule is one of the seven final rules that have been issued as part of the implementation of the FDA Food Safety Modernization Act ("FSMA"). Issued on November 27, 2015, this rule establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of produce on farms, with the exception of produce that is rarely consumed raw, produce for personal or on-farm consumption, or produce that is not a raw agricultural commodity.
The new compliance dates—if the rule is finalized—are January 26, 2024, for very small businesses, January 26, 2023, for small businesses, and January 26, 2022, for all other businesses. The proposed dates do not apply to sprouts because of their "unique safety risk," as explained in the proposed rule. With the exception of small and very small businesses, businesses conducting activities involving sprouts have had to comply with the Produce Safety Rule since January 2017. FDA has decided to extend the compliance dates for the water provisions to address questions about their practical implementation—farmers and state agriculture officials have indicated that the microbial quality standards for agricultural water are too complicated, and in some cases too costly—and to consider how to reduce the regulatory burden or increase flexibility. In addition, as explained by FDA Commissioner Dr. Gottlieb, FDA will continue its "focus on training, guidance development, and outreach over the next year." FDA has awarded more than $30 million to support 43 states in their development of produce safety programs, which builds on the nearly $22 million that the FDA awarded last year to 42 states. FDA is accepting comments on the proposed rule until November 13, 2017.
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