ANAHEIM, CA — Perhaps the most well-attended workshop session during the Produce Marketing Association’s Fresh Summit convention was the Oct. 17 meeting to analyze the latest proposals concerning the Food Safety Modernization Act.

Most of the participants seemed relieved — judging by reactions and questions — as FDA Deputy Commissioner of U.S. Foods Mike Taylor and Dr. Samir Assar, director of produce safety, discussed the four supplemental proposals recently released for comment by the agency.

The four proposals specifically deal with produce safety, preventive controls for human food, foreign supplier verification programs and preventive controls for animal feed. In each instance, FDA has added flexibility to its original proposals, which has the end result of liberalizing the rules and making them easier to comply with.

Taylor and Assar were joined by panelists Walter Ram, vice president of food safety of The Giumarra Cos.; Courtney Parker, vice president of salad quality and global food safety of Chiquita/Fresh Express; and Mike Villaneva, technical director for California Leafy Green Marketing Agreement.

In response to questions or comments, the FDA’s top representative repeatedly told the standing-room-only crowd to submit comments about specific concerns and/or issues with the new proposals. The comment period for these supplemental proposals will extend until Dec. 15.

The comment period for the earlier proposals has closed, and while the FDA is still considering the comments it received on those proposed rules, it is only accepting new comments on the updated proposals. Taylor promised that a set of final rules will be “on the books by late next year (2015).”

He said the supplemental proposals “reflect what we have learned” by the comments and public hearings that were held and submitted since the proposals were first released last year. While virtually all independent experts looking at the supplemental proposals indicated that they represented less testing and a relaxation of food-safety rules, Taylor said the proposals were guided by the same principles of food safety.

One industry expert who asked not to be identified “because I have to work with FDA,” said, “Either the first set of proposals weren’t based on sound science or these aren’t.”

For example, in the first set of proposals the FDA laid out a nine-month waiting period between harvest and the use of raw manure in organic farming. That proposal is now off the table and a much shorter time frame will be able to be used.  

Assar cited both “economic concerns” and “disruptions in the cropping cycles” to explain the new flexibility. In this instance, the FDA said the nine-month time frame was not based on hard scientific data. In fact, the representatives promised that the FDA would gather data on the use of raw manure and come out with a new standard at some future time.   

In the meantime, they said the 90-120 day intervals that are a part of the National Organic Program could be utilized, but Assar added that those timeframes also aren’t based on scientific data.  

Another change has to do with the use of ag water. The original proposals outlined specific standards that must be met. The new supplemental proposals again add flexibility that allow for additional waiting periods between irrigation and harvest if the standards can’t be met.

The new water proposal also calls for a significant decrease in testing intervals and requirements. The first proposal basically called for taking 20 water samples over a five-month period. The new proposals call for 20 samples over two years and then less often after that.

The proposals also exempt more farms from the regulations.  Under the initial proposals, the FDA estimated that more than 40,000 farms would be covered. The new proposals estimate that number at about 35,500.

Parker of Fresh Express echoed the tone of the comments heard most often by the other panelists as well as audience members when she characterized the supplemental proposals as being “less onerous.”

Assar said the FDA wants to make it as easy as possible for the industry to comply with the rules, though throughout the seminar the FDA did reiterate that food safety was of paramount importance and all the rules are based on that principle.

PMA will host a webinar to discuss the supplements on Monday, Nov. 3 at 12:30 p.m. EDT/9:30 a.m. PT. This webinar will allow participants an opportunity to hear directly from FDA, ask questions and learn how to positively affect change regarding the FSMA rule proposals.