United Fresh, Produce Marketing Association Comment on FDA Produce-Safety Rule

WASHINGTONFarms with less than $25,000 in annual sales should not be exempt from produce-safety regulations, an organization that represents companies in the fresh fruits and vegetables industry stated in written comments with the U.S. Food and Drug Administration (FDA).

The Produce Marketing Association (PMI) maintained the exemption in the agency's proposed regulations is not based on science or risks.

"Produce contamination can occur in any operation that uses unsafe processes and practices," PMI's Robert Whitaker, chief science and technology officer, wrote in an executive summary of the comments.

FDA has drafted regulations that establish standards for growing, harvesting, packing and holding produce under the nearly 3-year-old Food Safety Modernization Act (FSMA).

PMI's comments on the produce-safety rule, and a separate rule intended to ensure food companies identify hazards and implement preventative controls to mitigate risks, exceed 200 pages.

The United Fresh Produce Association also has weighed in on the rules in extensive comments filed with FDA.

United Fresh acknowledged FDA has received significant feedback on the rules, so the organization is endorsing a recommendation that the agency publish a second round of proposed rules that would be open to comment as well. This is the recommendation of the National Association of State Departments of Agriculture, according to United Fresh.

"These proposals were a good first step, but can be significantly enhanced to be more effective in protecting public health, while allowing produce growers and distributors to continue providing an abundance of healthy and affordable fresh produce to consumers," United Fresh President and CEO Tom Stenzel said in a statement. 

Congress set an aggressive timetable for FDA to develop a series of regulations under FSMA. The agency has cited the challenges of meeting the deadlines, many of which have been missed.