Food Safety and Modernization Act

Kentucky Department of Agriculture A Consumer Protection and Service Agency

What is the Food Safety Modernization Act?

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What is the Food Safety Modernization Act?

Also known as FSMA

pronounced:

“Fizz-Ma”

What is FSMA?

• Federal law signed January 4, 2011

• Addresses the issue of food borne illness in Raw Agricultural Commodities (RAC) by focusing on prevention

• Gives new powers to FDA such to require food recalls, impound foods, remove a farm’s exempt status…

Background

• FDA issued proposed rule on Jan. 16, 2013 – Standards for growing, harvesting, packing, and holding of

produce

• Stakeholder Input – 3 Public meetings; various outreach efforts – Comment period closed on Nov. 22, 2013 – Over 15,000 comments received

• Limited re-opening of docket Sept. 29, 2014 – Describes FDA’s current thinking on certain specific issues – Seeks public comment on new/revised provisions

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Background

• November 13, 2015 FDA final rule released to the public.

• November 27, 2015 published in the Federal Register. (this a key date for the implementation)

What is Exempt from FSMA?

• Produce that is not a Raw Agricultural Commodities (RAC)

• The FDA has identified these produce commodities as rarely consumed raw:

asparagus; black beans, great Northern beans, kidney beans, lima beans, navy beans, and pinto beans; garden beets (roots and tops) and sugar beets; cashews; sour cherries; chickpeas; cocoa beans; coffee beans; collards; sweet corn; cranberries; dates; dill (seeds and weed); eggplants; figs; horseradish; hazelnuts; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; winter squash; sweet potatoes; and water chestnuts

What is Exempt from FSMA?

• Food grains, including barley, dent- or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds (e.g. cotton seed, flax seed, rapeseed, soybean, and sunflower seed)

What is Exempt from FSMA?

• Food grains, including barley, dent- or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds (e.g. cotton seed, flax seed, rapeseed, soybean, and sunflower seed)

• Produce that is used for personal or on-farm consumption

Who is Exempt from FSMA?

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Who is Exempt from FSMA?

• Farms that have an average annual value of all produce sold during the previous three-year period of $25,000 or less.

Who is Exempt from FSMA?

• Farms that have an average annual value of produce sold during the previous three-year period of $25,000 or less.

• Qualified Exemption, the farm must meet two requirements: – The farm must have food sales averaging less than

$500,000 per year during the previous three years; and – The farm’s sales to qualified end-users must exceed sales

to all others combined during the previous three years. A qualified end-user is either (a) the consumer of the food or (b) a restaurant or retail food establishment that is located in the same state or the same Indian reservation as the farm or not more than 275 miles away.

Who is Exempt from FSMA?

• Qualified Exempt Farms must still meet certain modified requirements, including:

– disclosing the name and the complete business address of the farm where the produce was grown either on the label of the produce or at the point of purchase.

– These farms are also required to establish and keep certain documentation (maintain sales records, water testing, worker training).

Who is NOT Qualified Exempt from FSMA?

• Those who have total produce sales exceeding $25,000.00

• Those who have total food sales exceeding $500,000.00

• Those who have sales of 50% or greater that are not directly to “end users”.

Who does FSMA impact?

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Who does FSMA impact?

• Producers of Raw Agricultural Commodities or RACs

Who does FSMA impact?

• Producers of Raw Agricultural Commodities or RACs

• RACs are defined as “A raw agricultural commodity is any food in its raw or natural state.”

When will I need to be FSMA compliant?

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When will I need to be FSMA compliant?

The absolute earliest that you will need you will need to be compliant is

January 27, 2018

When will I need to be FSMA compliant?

The absolute earliest that you will need you will need to be compliant is

January 27, 2018 Only if your farm does

not meet the Exempt or Qualified Exempt status.

When will I need to be FSMA compliant?

The absolute earliest that you will need you will need to be compliant is

January 27, 2018 Only if your farm does not meet the Exempt or Qualified Exempt status.

Again that is only if food sales exceeding $500,000

or Produce (RAC) sales exceed $25,000

When will I need to be FSMA compliant?

• If your farm has produce sales more than $25,000 but less than$250,000 you have until

January 27, 2020

When will I need to be FSMA compliant?

• If your farm has produce sales more than $25,000 but less than$250,000 you have until

January 27, 2020

• If your farm has produce sales more than $250,000 but less than$500,000 you have until

January 27, 2019

When will I need to be FSMA compliant?

• If your farm has produce sales more than $25,000 but less than$250,000 you have until

January 27, 2020 • If your farm has produce sales more than $250,000 but less

than$500,000 you have until January 27, 2019

• If your farm has food sales more than $500,000 you have until January 27, 2018

What is being done to help producers to become FSMA compliant?

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What is being done to help producers to become FSMA compliant?

The vast majority of Kentucky farms will be

exempt from

FSMA.

What is being done to help producers to become FSMA compliant?

• The vast majority of farms will be exempt from FSMA

• KDA, Food Safety Branch and Cooperative extension will have a revised food safety training that will be compliant with FSMA requirements no later than January 1, 2017

What is being done to help producers to become FSMA compliant?

• The vast majority of farms will be exempt from FSMA

• KDA, Food Safety Branch and Cooperative extension will have a revised food safety training that will be compliant with FSMA requirements no later than January 1, 2017

• KDA, Food Safety Branch, the University of Kentucky/Cooperative Extension all have resources dedicated to help those few producers directly impacted in becoming FSMA compliant.

Questions?

Joshua Lindau joshua.lindau@ky.gov

Horticultural Marketing Specialist

Office: 502-782-4115

Cell: 502-229-5390