FSMA – Produce Safety Rule Updates:

• FDA Publishes Landmark Final Rule to Enhance the Safety of Agricultural Water – May, 2024
  • FDA’s Small Entity Compliance Guide for Non-Sprout Farmers – September, 2024
  • For assistance creating your Agricultural Water Risk Assessment, please see FDA’s Agricultural Water Assessment Tool: https://www.fda.gov/food/food-safety-modernization-act-fsma/agricultural-water-assessment-builder

FSMA – Produce Safety Rule: How This Affects You

The Rule establishes, for the first time, mandatory science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables grown for human consumption. Some key requirements of the Rule are in: agricultural water; biological soil amendments; domesticated and wild animals; worker training and health & hygiene; equipment, tools and buildings; and record keeping. For a quick reference to the Federal Produce Safety Rule, see FSMA PSR Key Requirements.

Just beginning to learn about the Produce Safety Rule? Here are some good starting points:

• Learn where your farm falls under the Rule – check out the Coverage and Exemptions/Exclusions flowchart from the FDA. Farms may fall under one of three categories (covered, qualified exempt, or excluded), with different requirements for each category. Where your farm falls depends on what you sell, who you sell to, and how much you sell. 
• Take a Produce Safety Alliance (PSA) Grower Training class.
• Receive an On Farm Readiness Review walk-through service after completing a PSA Grower Training Course.

Produce Safety Alliance Grower Trainings

Under the Produce Safety Rule, every covered non-exempt produce farm is REQUIRED BY FEDERAL LAW to have an individual employed who has completed an FDA-approved Produce Safety Rule Grower Training course. This course provides training to ensure a responsible party employed by the farm understands the required food safety practices. It need only be taken once; however, the certificate of completion belongs to the individual and not the farm.

HDOA’s Produce Safety Program has partnered with the University of Hawaii at Manoa Cooperative Extension Farm Food Safety Outreach program to deliver the training. To be notified when new training become available, or if you would like to receive an On Farm Readiness Review walk-through service, please contact Hawaii Produce Safety Program Manager Dr. Joey Ooka at Joey.K.Ooka@hawaii.gov or at (808) 832-0685.

Additional dates will be posted here when they are set. 

Next PSA Grower Training Course December 6th and 13th (2 full days) 8:30AM-4:00PM (Must attend BOTH DAYS) In Person at UH-CTAHR Pearl City Urban Garden Center 955 Kamehameha Highway, Pearl City, HI 96782 Language: Chinese – Mandarin / English (focus on Chinese though) $50 Registration fee (Check or cash to “University of Hawaii.”) Register: https://forms.gle/scctQ8wur9kaBt9e9  Email Joey.K.Ooka@hawaii.gov for more details

The Next Step: On-Farm Readiness Reviews

Your farm safety manager has taken a Growers Training Class and has implemented changes to operations, infrastructure, record keeping and worker training. What’s next? On-Farm Readiness Reviews (OFRR) are a great way to help prepare your farm for an FDA inspection. These OFRR provide insight on how well your farm has enacted the requirements of the Produce Safety Rule. This service is free (no cost to you but your time!) and confidential (all observations are reviewed with you, the farmer, at the end of the review. No observation information is conveyed to the FDA.) The State of Hawaii, Department of Agriculture currently does not have the jurisdiction to conduct Produce Safety Rule inspections and thus FDA inspectors from the mainland will be scheduling and conducting routine inspections on all covered non-exempt farms.

If you are interested in conducting a voluntary OFRR on your farm, please contact Hawaii Produce Safety Program Program Manager, Dr. Joey Ooka at Joey.K.Ooka@hawaii.gov  or at (808) 832-0685.

Covered or Exempt from the Law?

Below is a decision tree to help you determine if you are covered or exempt. Please contact us if you have any questions or need any clarification.

Compliance Dates

Below is a timeline of when farms will begin their inspection, based on size of the farm determined by the average amount of produce sales.

As of 2022, all provisions of the FSMA – Produce Safety Rule are in full effect except for Subpart E (Agricultural Water). Production (Growing) Water Rules have been published and enforcement of the rule will begin in April 2025 for large farms, with small and very small farms to follow. However, Harvesting, Packing and Holding Water Rules are currently in effect and will be enforced upon FDA inspection.

Contact

If you are a producer or operator with questions or concerns about FSMA or produce safety, we want to hear from you! Contact Hawaii Department of Agriculture at (808) 832-0705.