Scott Horsfall | Food Safety News

Revised Produce Safety Rule: A Closer Look at a Daunting Task

Scott Horsfall — Wed, 24 Sep 2014 05:02:01 +0000

(This article by Scott Horsfall was published Sept. 19, 2014, by the LGMA, the California Leafy Green Products Handler Marketing Agreement, and is reposted here with permission.) We have just finished reviewing the revised Produce Safety Rule issued last week by the U.S. Food and Drug Administration (FDA) as part of its effort to implement federal food safety laws under the Food Safety Modernization Act (FSMA). We applaud FDA for the work done on this complex issue as it symbolizes progress toward implementing new laws to improve the safety of our food. The LGMA is a strong supporter of FSMA and the stringent enforcement of these laws for all farmers. The LGMA was one of many organizations that submitted comments to this law. On several points, our comments asked for assurances that federal food safety laws were strengthened even further. We have also advocated that required food safety practices be science-based, that they utilize the most current research, and that they are practical to implement in the fast-paced produce industry. For the most part, it appears that FDA has considered these requests. We must all keep in mind that FDA is struggling to respond to the needs of a number of different groups, including farmers of all kinds — organic, conventional, large, small, domestic and international — as well as responding to the concerns of environmental groups and consumer advocates. FDA is striving not to disrupt either the critical business operations or the existing food safety practices of farmers and companies, many of whom are already setting standards of excellence for food safety. At the same time, they are charged with bringing all food producers up to a basic standard of safety. Ultimately, the laws they implement should actually improve food safety and not just increase costs. The task is indeed daunting. After our initial review, we do believe the new proposed rules have been improved and that they address many of the concerns expressed by farmers and consumers. However, it has also become apparent to us that many of the revisions in this new proposal will have little impact on the leafy greens industry in California and Arizona. This is primarily because our own mandatory food safety program requires more stringent food safety practices on leafy greens farms than what are contained in the new proposed Produce Safety Rule. Following is a brief overview what the primary changes to the rule that most directly impact the LGMA: Water Testing One of the items of concern by many commenters dealt with the seven-day testing requirement for surface waters used in irrigation, which were largely criticized as being excessive and far too costly. Under the new proposal, farmers will now have to conduct a water quality assessment, which includes 20 tests of a water system that must meet certain microbial conditions. This is being used as an indicator of base-line water quality, and, after establishing this, farms must test a minimum of five times a year. Proposed testing of groundwater was also scaled back. The LGMA feels this is a change that is reasonable. However, the new requirements for water testing under FSMA are below what is required by the LGMA. Our program requires monthly testing for both surface and groundwater irrigation water sources. Soil Amendments When it comes to the use of manure as a soil amendment, FDA has backed off quite a bit on the original provisions, which required a nine-month interval between the application of manure and the planting of a crop — a new approach will be developed over time based on ongoing research in this area. Advocates of organic agriculture felt this was unreasonable for organic farmers in many part of the country and that there was not adequate science to support the requirement. The LGMA program does not allow for the use of unprocessed or non-composted manure in the farming of leafy greens at all as we do not believe this is a safe practice. Our program does allow for the use of compost, which is also a very common method of fertilizer application among LGMA members who are organic producers. FDA has also recognized the safety of this practice and has reduced some of the limitations on compost applications in an attempt to encourage this much-safer alternative for organic farmers. Definitions and Exemptions FDA has taken the logical and appropriate step of redefining “Farm” and “Mixed Use Facility” in a way that allows for products now owned by a company to be handled, stored and packed without making the whole enterprise subject to the other laws under the Preventive Practices rule. They have also redefined “harvest” in a way that the activities during harvest (e.g., putting produce in bags, trimming leaves, etc.) are not considered processing steps. This is good news for the leafy greens community because many such practices are conducted in the field as part of the harvest rather than in a processing facility. The LGMA remains opposed on principle to other portions of the law that allow for exemptions from federal laws for small farms. We do not believe any size farm should be exempt from laws designed to protect consumers and save lives. The new rules actually expand the number of farms that will now be exempt under FSMA. We have taken this opportunity to update a document we maintain that provides a side-by-side comparison between the LGMA’s required food safety practices and those proposed in FSMA. The LGMA will continue to review this information and will provide public comment to the new proposed rules as needed.

FDA Cites Need to Coordinate with Marketing Agreements on Food Safety

Scott Horsfall — Tue, 06 May 2014 05:02:56 +0000

(This blog post by Scott Horsfall was published May 2, 2014, on the California Leafy Greens Products Handler Marketing Agreement site and is posted here with permission.) The U.S. Food and Drug Administration (FDA) recently released its Operational Strategy for Implementing the FDA Food Safety Modernization Act (FSMA). The document lays out the agency’s broad strategy for overseeing implementation of FSMA’s new rules for food safety on farms and in facilities. The release of this report begins to answer the questions many in the produce industry have had about just how the FSMA rules will be implemented and verified. In the document, FDA acknowledges the “burgeoning scale and complexity of the food system,” and the agency stresses the need to coordinate and collaborate with “multiple public and private sources, including FDA and partner agencies, USDA audits, marketing agreements and private audits.” The agency also recognizes that it is unlikely to have the resources available to “make routine on-farm inspection a major source of accountability for compliance.” Once again, the leafy greens farming communities of California and Arizona find themselves in agreement with FDA’s approach to food safety, and we are pleased to see the inclusion of marketing agreements in the list of groups with which the agency will work on implementation. As we have many times over the past two years, the industry offers solutions to many of the implementation challenges facing FDA. Through the California and Arizona Leafy Greens Marketing Agreements (LGMA), growers and handlers who produce 90 percent of the nation’s lettuce, spinach and other leafy greens have invited government oversight of food safety programs on to their farms. For seven years, regular and random government audits have been verifying that industry members are following science-based practices designed to protect public health. The LGMA requirements align closely with the goals of the proposed food safety rules under FSMA. This is the kind of accountability FDA is looking for under FSMA. The LGMA has proposed that FDA work closely with existing government food safety programs like the LGMAs when it comes to verifying compliance with the new rules under FSMA, once those rules are finalized. Doing so will allow FDA to confidently ensure that the leafy greens industry is in compliance with the federal rules, and, since the LGMA programs are industry-funded, this can be accomplished without any additional cost to taxpayers or to the agency.

LGMA: An Effective Partnership to Help Prevent Foodborne Illness

Scott Horsfall — Fri, 15 Nov 2013 06:04:38 +0000

The California Leafy Greens Marketing Agreement (LGMA) has submitted its official comments on the Food Safety Modernization Act’s proposed Produce Safety Rule. The comments focus on a number of suggestions to strengthen the proposed rule, but the most important comment offered by the LGMA presents the U.S. Food and Drug Administration with a solution that would quickly allow it to regulate 90 percent of the leafy greens produced in the United States at no cost to the public. Read more about the LGMA’s comments here. The opinion piece by Daniel Cohen entitled, “FDA’s Proposed Produce Rule: A War on Farmers,” contained a great deal of misdirected information. Since some of it involved the California Leafy Greens Marketing Agreement (LGMA), we felt we should respond to the editors of Food Safety News. We also wanted to make an important point about the LGMA and its role in ensuring leafy greens producers are in compliance with proposed food-safety laws for produce. The LGMA was created in 2007 in the aftermath of the 2006 outbreak of E. coli associated with spinach. This effort was not a war on farmers, but a sincere effort by the farming community to prevent such a tragedy from happening again. Thankfully, it hasn’t. Secondly, the people who created the LGMA did so very carefully, taking into consideration the impact such a program might have on farmers who may not be able to, or want to, participate. The LGMA is authorized under California law by the 1937 Agricultural Marketing Agreement Act and, as an agreement, membership is voluntary. Leafy greens handlers may sign on to the LGMA and agree to abide by its mandates. However, they do not have to do so. And every member is allowed to opt out of the program each year if they so choose. The LGMA is very proud to state there is an overwhelming commitment to this food-safety program within the California leafy greens community. LGMA members represent more than 99 percent of the leafy greens produced in the state. This means the vast majority of leafy greens producers in California have invited government auditors into their fields and farms to ensure they are following required food-safety practices. The system has, in fact, made leafy greens safer because the program focuses on putting food safety first. The mandatory government audits require 100-percent compliance with all food-safety checkpoints, and all citations must be corrected. This system drives continuous improvement and establishes a culture of food safety in which everyone from the top down is focused on prevention. Mr. Cohen is correct in his statement that not all foodborne illness outbreaks are linked to farming, but preventing outbreaks certainly starts with proper food safety on the farm. This week, the LGMA submitted its comments to FDA regarding the Food Safety Modernization Act’s proposed Produce Safety Rule. As part of these comments, LGMA is asking FDA to utilize our program to verify compliance with FSMA laws. The LGMA requirements already meet or exceed the laws being proposed and audits are conducted by an independent, unbiased government agency. If FDA grants our request, more than 90 percent of the leafy greens grown in the U.S. could quickly comply with new federal food-safety laws. A large amount of support for this concept exits. A letter of support was recently issued to the FDA by a group of bipartisan Congressional representatives from California and Arizona. In addition, STOP Foodborne Illness, an advocacy group representing individuals impacted by foodborne illness, has high praise for our program. We truly believe the LGMA model is the best food-safety regulatory system because it is an effective, efficient partnership between industry and government. That said, the LGMA fully understands this system may not work for everyone. Our request to FDA is not that all farmers be regulated in a manner similar to our model, but we are asking that FDA recognize the LGMA system has worked for the California and Arizona leafy greens industry for six years. There is no reason for additional duplication or cost to ensure certified members of these programs are in compliance with new food-safety laws.

LGMA Government Food-Safety Audits Continue Through Shutdown

Scott Horsfall — Mon, 07 Oct 2013 05:02:14 +0000

This op-ed originally appeared Oct. 2 on LGMA’s blog. In light of the current environment, in which many federal government operations are shut down due to fiscal constraints, we want to ensure our customers and consumers that government food-safety audits on leafy greens farms continue uninterrupted. It is important to understand that LGMA (California Leafy Greens Marketing Agreement) auditors are not direct employees of the federal government. Rather, the certification and licensing of auditors is provided by the U.S. Department of Food and Agriculture, while they operate with oversight from the California Department of Food and Agriculture. The audit program is fully funded by the leafy greens community through mandatory government assessments and is not reliant on tax dollars. See our white paper, “The Cost of Government Audits,” for more information. LGMA believes this public-private partnership is the best model for food safety because it is a system in which industry and government work together to ensure safe food. The leafy greens industry, for its part, works with scientists and food-safety experts in a transparent process to develop science-based food-safety standards, or metrics. The government then works independently to ensure that these practices are being followed on farms. The program requires handlers to be in compliance with 100 percent of the required standards. The handlers must correct any citations issued or face decertification from the program, which translates into loss of business. The end result is a system that drives continuous improvement with real penalties for non-compliance. All of this is provided at a cost of about 1 cent per box for leafy greens handlers. As federal government agencies continue to struggle with how they will fund the Food Safety Modernization Act in light of the current fiscal crisis, consumers continue to enjoy leafy greens grown under a system of mandatory government inspection. And LGMA will continue to operate through the shutdown as it has since 2007.

California's Leafy Greens Producers Want Strong Food-Safety Laws

Scott Horsfall — Mon, 16 Sep 2013 05:03:00 +0000

This editorial was originally published September 12 on the LGMA’s blog. The job of implementing new food-safety legislation under the Food Safety Modernization Act (FSMA) isn’t getting any easier for the U.S. Food and Drug Administration. Pressure is mounting from some small farmers, foreign producers and consumer activist groups, who each have their own take on how the law should – or should not be – finalized. Meanwhile, the issue of funding the cost of this sweeping legislation has still not been settled. It’s becoming increasingly clear that the challenge of making FSMA a reality is growing more and more complex. Over the past several years, staff members from FDA have visited California to see and learn more about the California Leafy Greens Marketing Agreement (LGMA) and how this program is protecting public health for at least one segment of the U.S. produce industry. The LGMA’s message to FDA is clear – we want strong food-safety laws. In fact, through the LGMA, a system of government oversight to ensure the safety of the majority of the nation’s leafy greens has been in place for more than six years. The program created by the California leafy greens industry in 2007 is based on science, includes mandatory government audits to verify that rigorous food-safety practices are being followed on leafy greens farms, and that there are real consequences for those who do not comply. While others in the produce industry may be reluctant to embrace proposed food-safety rules, leafy greens farmers fully understand that they grow a product that is consumed in large quantities by people at home and in restaurants and it is frequently eaten raw. Leafy greens absolutely must be safe. The programs now in place in both California and Arizona not only meet the proposed requirements of FSMA, but they exceed the requirements of this new law. The LGMA is proposing that FDA recognize our food-safety model and that, once FSMA is finalized, LGMA-certified leafy greens handlers be considered compliant with the new law. These LGMA programs truly are a partnership between government and farming communities, with funding provided by industry and government serving to ensure compliance. By recognizing that the LGMA provides verification that handlers and growers are compliant with FSMA – and then some – FDA can be assured that more than 90 percent of the leafy greens produced in the U.S. are aligned with federal food-safety laws. With leafy greens taken care of, FDA can focus its attention on the other complexities of enacting this new law.