Larger almond operations have a key compliance date just ahead. Jan. 26, 2018, is the initial compliance date for the Produce Safety rule, applying to farms with more than $500,000 in annual produce sales. Growers (along with huller/shellers and brownskin almond handlers that meet the primary or secondary farm definition) that fit this category must comply with the Produce Safety rule by either utilizing the Produce Safety rule exemption for commercial processing or complying with all applicable Produce Safety rule requirements.
On Jan. 4, 2018, Food and Drug Administration (FDA) announced that they will be utilizing enforcement discretion for the written assurance provisions in the Food Safety Modernization Act Rules. This decision was made to allow FDA more time to clarify requirements around written assurances and engage in rulemaking and/or industry guidance on the issue. In light of this, and in conversation with FDA, Almond Board of California (ABC) confirmed that growers or other operations meeting the farm definition can obtain the grower exemption as long as they provide proper written disclosures as shown below. Written assurance requirements have been essentially tabled pending further FDA review and rulemaking.
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Grower/Farm Exemption
Required Written Disclosure Statement: Almonds are not processed to adequately reduce the presence of microorganisms of public health significance
- Almond Farms (primary or secondary) should provide the above written disclosure to the Huller/Sheller and to the Handler.
- Disclosure may be made in documents accompanying the product including:
- Grower tags
- Delivery Statements
- Bills of Lading
- Contracts
- Other means which are specific to grower lots, provided on behalf of the grower to the Huller/Sheller and Handler
- Growers should prepare a Produce Safety Exemption Plan describing the process for providing disclosure.
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In addition, FDA announced that they will be exercising enforcement discretion for facilities that would qualify as secondary activities farms except for the ownership requirement. This means that those facilities such as huller/shellers who currently don’t satisfy the ownership requirement for being considered secondary activities farms, may not have Preventive Controls or Good Manufacturing Practices obligations as specified under the Preventive Controls Rule. ABC is seeking clarification on this point.
Even though an exemption to the Produce Safety Rule is currently available to almond growers or other farm type operations, ABC is recommending that each farm operation designate an individual to attend a one-day Produce Safety Training. ABC is hosting trainings on Feb. 8, Mar. 2 and Mar. 14 in Modesto, Sacramento and Tulare, respectively.
Please contact Jayme Puthoff to RSVP for the Produce Safety Trainings by telephone at 209-343-3279, or by email at jputhoff@almondboard.com.
