DOVER, Del. (January 13, 2022) – The Food and Drug Administration (FDA) published a proposed rule change on December 6, 2021, to amend the agricultural water requirements of the Produce Safety Rule. In response to the proposed change, the Delaware Department of Agriculture and University of Delaware Cooperative Extension will host two outreach sessions on January 21, 2022, to engage farmers and other stakeholders.

The Produce Safety Rule was signed into law in 2011 as part of the FDA’s Food Safety Modernization Act. FDA’s proposed rule amends the pre-harvest agricultural water requirements for covered produce other than sprouts previously established in Subpart E of the Produce Safety Rule. In the proposed rule, previous pre-harvest water microbial quality criteria and testing requirements are proposed to be replaced with more flexible requirements for pre-harvest agricultural water assessments. These assessments are designed to be more feasible to implement across various agricultural systems.

The two sessions scheduled for January 21 in Delaware will detail the proposed changes to the rule. Producers and stakeholders will learn best practices to write and submit questions and public comments to the FDA and participate in open discussions. Anyone interested in attending a session must register online at https://delawarewaterrulemeeting.eventbrite.com.

FDA has initiated a public comment period on the proposed rule to close on April 5, 2022. For public comments to be officially considered, all comments must be spoken at one of the FDA’s public meetings or submitted in writing to Docket No. FDA-2021-N-0471 on Regulations.gov.

FDA is hosting two virtual public meetings to discuss the proposed changes and hear feedback. These meetings are scheduled for February 14 and February 25, 2022. Farmers and industry representatives are encouraged to attend. Registration is required to obtain the details and link to attend one of the dates offered by the FDA.

Farmers and stakeholders who have clarification questions about proposed changes to the rule should submit them to AgWater@fda.hhs.gov.

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DOVER, Del. – The Delaware Department of Agriculture (DDA) Food Products Inspection was granted statutory authority on June 11, 2019 to enforce compliance with the Produce Safety Rule in the Food Safety Modernization Act (FSMA). The Food Safety Modernization Act is a proactive approach to prevent foodborne illnesses by strengthening the food supply.

These regulations, 3 Del. C. § 101(1), (3) & (5), establish procedures for farm registration; produce inspection; on-farm produce and environmental sampling; and addressing non-compliance of regulated farms. Specifically, the new regulations address the following:

• Requires all Delaware farms that grow produce to register with DDA.
• Allows DDA personnel to enter any farm or facility that grows, harvests, packs, or holds produce for human consumption to conduct inspections, request and review records, and secure and test samples as needed to verify compliance with the Produce Safety Rule.

These regulations are meant to support Delaware’s mission to implement the Food and Drug Administration’s (FDA) Produce Safety Rule, under FDA authority. For additional information on the Produce Safety Rule, to access education and outreach resources, or to register a farm, visit https://de.gov/producesafety.

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Media Contact: Stacey Hofmann, 302-698-4542, stacey.hofmann@delaware.gov

DOVER, Del. – The Delaware Department of Agriculture is offering two one-day courses in March to help farmers growing fruits and vegetables comply with the Food Safety Modernization Act (FSMA) Produce Safety Rule.

“About 1 in 6 Americans gets sick each year from foodborne illness,” said Secretary of Agriculture Michael T. Scuse. “The Food Safety Modernization Act is a proactive approach to prevent these foodborne illnesses by strengthening the food supply. These training sessions will help farmers to recognize and eliminate risks, learn how to implement different safety practices, and allow them to connect with experts on developing their farm food safety plan. We want to help Delaware farmers meet the requirements of the Produce Safety Rule so that consumers know they are purchasing the freshest, highest quality fruits and vegetables that are safe to eat.”

Fruit and vegetable growers who want to learn about produce safety, Good Agricultural Practices (GAPs), how to begin development on a food safety plan and the Food Safety Modernization Act (FSMA) Produce Safety Rule are encouraged to attend one of the upcoming Delaware FSMA: Produce Safety Rule Training and Produce Safety Updates workshops:

>>March 3, Delaware Department of Agriculture, 2320 South DuPont Highway, Dover, DE 19901

>>March 22, University of Delaware Carvel Research & Education Center, 16483 County Seat Highway, Georgetown, DE, 19947

Each workshop is from 8 a.m. to 4:30 p.m. Lunch will be provided and registration is free, courtesy of the Delaware Department of Agriculture.

Register online, by emailing Anna Wicks at anna.wicks@delaware.gov, or by phone at 302-698-4582.

The course will focus on the Produce Safety Alliance curriculum which is required by the FSMA Produce Safety Rule. This one day course will provide a foundation on Good Agricultural Practices (GAPs), FSMA Produce Safety Rule requirements, and information on how to develop a farm food safety plan. Participants will complete coursework on produce safety; worker health, hygiene, and training; soil amendments; wildlife, domesticated animals, and land use; agricultural water; and postharvest handling and sanitation.

The Produce Safety Alliance curriculum satisfies the FSMA Produce Safety Rule requirement outlined in §122.22(c) that ‘At least one supervisor from the farm must complete food safety training at least equivalent to the standardized curriculum recognized by the FDA.’ After attending the entire course, participants will be eligible to receive a certificate from the Association of Food and Drug Officials (AFDO) that verifies they have completed the training course. To receive an AFDO certificate, a participant must be present for the entire training and submit the entire paperwork.

Funding for this training session was made possible, in part, by the Food and Drug Administration through grant PAR-16-137. The views expressed in written materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Department of Health & Human Services; nor does any mention of trade names, commercial practices, or organization imply endorsement by the United States Government.

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Media Contact: Stacey Hofmann, 302-698-4542, stacey.hofmann@delaware.gov

DOVER, Del. – Delaware fruit and vegetable growers can now receive financial support in obtaining a third party audit to verify they are following effective food safety practices. The Delaware Department of Agriculture (DDA) is extending its Food Safety Audit Cost-Share Program for growers to include any third party food safety audit, not just USDA Harmonized GAP audits. With an additional $20,000 for farmers to use to offset required audit costs, DDA wants to make sure that producers are prepared for the Food Safety Modernization Act and the Produce Safety Rule.

“Throughout the past two years, we have found fewer buyers requesting produce growers to participate in the Harmonized GAP audits that USDA provides,” said Andrea Jackson, DDA Food Products Inspection Administrator. “More farmers are being required to participate in audits such as Global Food Safety Initiative (GFSI) schemes. Any of these audits are important in helping farmers recognize preventative measures for food safety. So we want to be more inclusive of these third party audits in our cost-share program.”

Food safety audits verify that fruit and vegetables are produced, packed, handled, and stored in the safest manner possible to minimize risks of microbial food safety hazards. The Delaware Department of Agriculture’s Food Products Inspection Section will pay 80 percent of the cost of a USDA AMS or commercial third party food safety audit with a maximum reimbursement of $1,000 per year. In order to be eligible, producers must successfully complete a third party USDA AMS or commercial audit this year, prior to September 29, 2017.

Funding will be provided on a first come, first serve basis, but Delaware growers must fully complete the necessary application and forms, be able to show verification of successful audit completion, billing, and proof of payment for the audit. For questions regarding the Food Safety Audit Cost-Share Program, contact Andrea Jackson at (302) 698-4545 or via email at Andrea.Jackson@delaware.gov.
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Media Contact: Stacey Hofmann, 302-698-4542, stacey.hofmann@delaware.gov