Changes proposed for the ag water requirements of the Produce Safety Rule – join us to learn what they mean

Connie Fisk
WSDA Produce Safety Program 

The U.S. Food and Drug Administration (FDA) has proposed significant changes to Subpart E of the Food Safety Modernization Act (FSMA) Produce Safety Rule, amending the requirements for pre-harvest agricultural water.

To help growers understand the FDA proposal, WSDA has joined with the National Association of State Departments of Agriculture (NASDA) to host a webinar where FDA will give an overview of the proposed rule change, followed by a question and answer session.

Webinar information:

• Wednesday, March 2, 2022 from noon to 1 p.m. 
• Zoom link - Northwest Regional Webinar on Proposed Agricultural Water Rule 
• Meeting ID: 863 5288 9010
• Passcode: 466464
• Or join by phone: 253-215-8782

There is no need to register ahead of time to join the meeting, which will be recorded and available for later viewing.

The FSMA Produce Safety Rule 

The Produce Safety Rule, first adopted in 2015, is one of the seven rules that make up FMSA. The rule focuses primarily on reducing microbial food safety risks during the growing, harvesting, packing, and holding of produce (including fruits, vegetables, mushrooms, nuts, and herbs) for human consumption and was the first mandatory federal standard for produce production in the United States. Previously, the produce industry was encouraged to follow voluntary guidance.

The Produce Safety Rule has multiple subparts; Subpart E details the requirements for agricultural water and the proposed rule released for public comment December 6, 2021 makes significant changes to those requirements.

More than half of the Washington produce farms covered by the FSMA Produce Safety Rule use surface water for pre-harvest agricultural water uses, including irrigation. However, many farms use multiple water sources including surface, ground, and municipal water. 

The proposed agricultural water rule 

The proposed rule, if finalized, would replace the requirement to test pre-harvest water for generic E. coli with a new requirement to perform an annual written systems-based agricultural water assessment to identify any condition reasonably likely to introduce known or reasonably foreseeable hazards into or onto covered produce or food contact surfaces. Then, the assessment would help determine whether any corrective or mitigation measures are needed.

To review the proposal in more detail, visit the FSMA Proposed Rule on Agricultural Water webpage, also available in Spanish. 

The FDA has also prepared an Agricultural Water Proposed Rule fact sheet to explain the proposed changes.

How to comment on the proposed rule

The FDA is currently accepting comments on the proposed rule until April 5, 2022. Visit Regulations.gov and enter docket number FDA-2021-N-0471 in the search box to bring up the proposed rule and click on the ‘comment’ button.  

Visit agr.wa.gov/ProduceSafety for more details about joining the webinar or email cfisk@agr.wa.gov to reach Connie Fisk, manager of the WSDA Produce Safety Program.