FSMA

 

Food Safety Modernization Act (FSMA)

FSMA is the most sweeping reform of food safety laws in over 70 years. Signed January 4, 2011, by President Obama, FSMA aims to create an integrated food safety system and improve the quality of food products to the public by reducing foodborne illness. It aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it.

On November 27, 2015, the FDA published the final rule for Produce Safety.

FSMA Overview

The seven major FSMA regulations are the:

Produce Safety Rule Compliance Dates

For those farms not exempt from the Produce Safety Rule, there are different regulatory compliance dates depending on the provision and the size of the farm’s business.

 

Business Size

Compliance Dates for Sprouts Compliance Dates for Most Produce Water Related Compliance Dates1 Compliance Date for Qualified Exemption Labeling Requirement Compliance Date for Retention of Records Supporting Qualified Exemption
All other businesses (>$500K) 1/26/17 1/26/18 1/26/22 1/1/2020 1/26/16
Small businesses
(>$250K–500K)
1/26/18 1/28/19 1/26/23
Very small businesses
(>$25K–250K)
1/28/19 1/27/20 1/26/24

1 According to the Proposed Rule issued on 9/13/17, Compliance dates for Subpart E, Agricultural Water, allow an additional four years.

Compliance dates for covered activities, except for those involving sprouts are:

  • Exempt from the regulation—Less than $25,000 in annual average produce sales for the preceding three years.
  • Very small businesses—Greater than $25,000 but less than $250,000 in annual average produce sales in the preceding three years; “Very Small” farm, produce regulation compliance start date January 27, 2020.
  • Small businesses—Greater than $250,000 but less than $500,000 in annual average produce sales in the preceding three years; “Small farm”, produce regulation compliance start date January 28, 2019.
  • Large businesses—Greater than $500,000 in annual average produce sales in the preceding three years; “All Others”, produce regulation compliance start date January 26, 2018.
  • Qualified Exemption— Average annual monetary value of all food sold during the preceding 3-years was less than $500,000, adjusted for inflation*, and sales to qualified end-users during such period exceeded the average annual monetary value of the food sold by such farm to all other buyers.

Compliance dates for the water quality standards, have been extended.  The FDA is exploring alternative standards for the agricultural water requirements established by FSMA after receiving feedback from stakeholders.

* Click here to see inflation adjusted values.