Published: July 2024 Speciality Crop Grower

In May, the final rule on pre-harvest agricultural water usage in produce cultivation under the Food Safety Modernization Act (FSMA) was published. The FSMA was signed into law in 2011. Since its passage, regulations have been rolled out over time to allow farms both large and small to prepare for its implementation.

The FSMA came after major foodborne illness outbreaks. Even today, about 48 million people in the United States (one in six) get sick, 128,000 are hospitalized and 3,000 die each year from foodborne diseases, according to recent data from the Centers for Disease Control and Prevention.

The initial proposal of this latest regulation was met with some resistance from growers and industry around regulations for microbial testing and water-quality criteria. The Food and Drug Administration (FDA) took that feedback and came back with more flexible criteria in the published final rule.

According to FDA, the revisions were designed to be practical across various agricultural water systems, uses and practices, while remaining adaptable to future advancements in agricultural water-quality science.

Types of Water Included

It is important to note that this rule does not apply to harvest and post-harvest water rules that are already in place. This rule applies to applications including sprinkler, drip, furrow, flood and seepage irrigation.

The location and source of the water are taken into consideration, such as ground water and surface water sources. The exposure to potential contamination is also considered. One key factor in this area is how close the water source is to animal activity like grazing animals, working animals and potential animal/wildlife intrusions. Adjacent and nearby applications of biological soil amendments/compost of animal origin and the presence of untreated or improperly treated human waste are also considered.

Heavy rain or extreme weather events can impact the agricultural water systems on farms. These events could stir up sediments that might contain pathogens that could cause illness. Also, runoff from other contaminated areas is possible. In addition, if the produce crop is injured by the storm, it could be more susceptible to pathogen contamination.

Key Criteria

According to FDA, the final rule replaces certain pre-harvest agricultural water requirements for covered produce (other than sprouts) in the 2015 Produce Safety Rule with requirements for systems-based agricultural water assessments to determine and guide appropriate measures to minimize potential risks associated with pre-harvest agricultural water. Specifically, this rule:

• Establishes requirements for agricultural water assessments that evaluate a variety of factors that are key determinants of contamination risks associated with pre-harvest agricultural water. This includes an evaluation of the water system, water-use practices, crop characteristics, environmental conditions, potential impacts on water from adjacent and nearby land and other relevant factors.
• Includes testing pre-harvest agricultural water as part of an assessment in certain circumstances.
• Requires farms to implement effective mitigation measures within specific timeframes based on findings from their assessments. Hazards related to certain activities associated with adjacent and nearby land uses are subject to expedited mitigation.
• Adds new options for mitigation measures, providing farms with additional flexibility in responding to findings from their pre-harvest agricultural water assessments.

Farms will be required to conduct assessments of their pre-harvest agricultural water annually, and whenever a significant change occurs (weather events, etc.), to identify any conditions likely to introduce known or reasonably foreseeable hazards into or onto covered produce or food contact surfaces.

Assessment Outcomes

After testing, farms must make written determinations about whether corrective or mitigation measures are needed to reduce the risk of potential hazards in pre-harvest water. If water is not deemed safe, growers must immediately discontinue use until corrective measures are taken and tested again to ensure safety.

Informational meetings and educational programs are being held to help educate growers about this food safety regulation. Visit fda.gov for more information.

Acknowledgement: Information for this story was provided by the FDA.

Published in Speciality Crop Grower

LInk to Article in Citrus Industry: https://citrusindustry.net/2024/05/24/final-pre-harvest-agricultural-water-rulepuzation%20Act%20Produce%20Safety%20Rule.blished/#:~:text=The%20U.S.%20Food%20and%20Drug,Moderni