FSMA's Environmental Impact Of Produce Safety Rule Public Comment Period Has Been Extended

By Laurel Maloy, contributing writer, Food Online

The FDA encourages public comments regarding the Environmental Impact Statement being prepared on the proposed Produce Safety Rule. Provisions and possible alternatives to the provisions of the proposed rule will also be discussed

The FDA will hold a public meeting on April 4 to encourage the general public’s participation in the process of establishing regulatory guidelines for food safety. The FDA invites comments and feedback regarding the Food Safety Modernization Act’s (FSMA) proposed Produce Safety Rule and the scope of the Environmental Impact Statement (EIS). The “Notice of Intent” to Prepare an Environmental Impact Statement for the Proposed Rule: Standards for Growing, Harvesting, Packing and Holding of Produce for Human Consumption,” was first published in the Federal Register on Aug 19, 2013. Comments to the notice were originally due by Nov 15, 2013, though the deadline for comment was extended to Mar 15, 2014, and has now been extended again.

The meeting will be held at the Harvey W. Wiley Federal Building, College Park, MD from 1:00 to 5:00 pm EST, with the webcast beginning at 2:00 pm EST. The purpose of the public meeting is to:

• Inform the public of the provisions of the proposed Produce Safety Rule, including the intended revisions, and to invite comment. The revisions are expected to be published for public comment by early summer 2014
• Present alternatives on a range of actions the FDA is considering while preparing the EIS, specifically in areas where potential environmental impacts are likely to affect the public
• Inform the public on the National Environmental Policy Act of 1969 (NEPA) process, which requires the EIS. NEPA was one of the first laws ever written establishing a framework for protecting the environment
• Solicit oral comments from the public in regard to the scope of the EIS and to the proposed provisions of the Produce Safety Rule
• Respond to questions about the EIS and to directly address concerns

Additionally, the FDA is urging comment from the public on other issues it should consider during the in-depth analysis and preparation of the EIS, as well as any possible alternatives. The alternatives to key provisions currently being explored are:

• How the proposed rule will affect land use and land management
• The minimum intervals for application of soil amendments of animal origin
• Questions regarding animal grazing and intrusion
• Microbial standards for water utilized during growing activities.

The proposed Produce Safety Rule is only applicable to certain types of produce. It does not cover produce that is commercially processed, effectively reducing the presence of microorganisms. It also does not regulate produce that is rarely consumed raw, as designated by the proposed rule. This singular aspect of the proposed rule has stirred rousing debate and questions the expertise of those drafting this regulation. For example, Dan Vache, VP of supply chain management with United Fresh, says FSMA rules should be applied across the produce chain. “When you talk to food safety professionals, any time you say your commodity is a ‘low risk’…food safety professionals will say, ‘not yet.’ Vache elaborates further, “There’s a risk in everything.” This is where the public’s input could be invaluable to the final Produce Safety Rule that will be a portion of the FSMA.