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market-farming - Re: [Market-farming] food safety legislation

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  • From: Robert Farr <rbfarr AT erols.com>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] food safety legislation
  • Date: Fri, 07 Aug 2009 12:43:45 -0400

Leigh:

This is great information - thank you very much for finding out about this.  It affects small farm producers like me - we produce value-added sauces, salsas, etc. - so I've been tracking this!

This is good info, all in one place!

Thanks again -

Robert Farr
The Chile Man
http://www.thechileman.com
rbfarr AT erols.com  *  (540) 668-7160 (w)  *  (703) 431-6734
"Work is love made visible." - Kahlil Gibran



Leigh Hauter wrote:
food safety legislation
I asked around at the great consumer group Food and Water Watch about the food safety legislation and how it would effect people like me  (I farm a relatively large CSA).  this is what I got.  This memo is written by the staffer that does nothing else but follow legislation like this.


Subject: Re: problems for small producers in House FS bill

1.  Farms are exempt from the registration fee in the bill.  For those farmers who process value-added products (like jams, jellies) and sell more than 51% of those products in interstate commerce, they will be subject to the $500 registration fee being proposed in the bill for food processors.  We have tried to convince FDA to have a sliding scale on the fee, but they have resisted claiming that it would be too difficult to administer, so that is why there is a flat fee.  The fee is needed to help defray the $2.2 billion cost of the bill primarily to bolster domestic and import inspections of processing facilities.

Here is the language in the bill:

''(B) Such term does not include farms; private
residences of individuals; restaurants; other retail
food establishments; nonprofit food establishments
in which food is prepared for or served directly to
the consumer; or fishing vessels (except such vessels
engaged in processing as defined in section 123.3(k)
of title 21, Code of Federal Regulations, or any suc-
cessor regulations).

''(D)(i) The term 'farm' means an operation in
one general physical location devoted to the growing
and harvesting of crops, the raising of animals (in-
cluding seafood), or both.
''(ii) Such term includes-
''(I) such an operation that packs or holds
food, provided that all food used in such activi-
ties is grown, raised, or consumed on such farm
or another farm under the same ownership;
''(II) such an operation that manufactures
or processes food, provided that all food used in
such activities is consumed on such farm or an-
other farm under the same ownership;
''(III) such an operation that sells food di-
rectly to consumers if the annual monetary
value of sales of the food products from the
farm or by an agent of the farm to consumers
exceeds the annual monetary value of sales of
the food products to all other buyers;




2.  There is misinformation going around that the bill does not take into account conservation practices, organic production methods, wildlife habitat in the development of produce safety standards.  Here is the language in the bill:

'(7) shall take into consideration, consistent
with ensuring enforceable public health protection,
the impact on small-scale and diversified farms, and
on wildlife habitat, conservation practices, water-
 shed-protection efforts, and organic production
methods.

In addition, there is this language:

(D) SMALL BUSINESSES.-The Sec-
retary-
(i) shall consider the impact of any
guidance or regulations under this section
on small businesses; and
(ii) shall issue guidance to assist small
businesses in complying with the require-
ments of this section and the amendments
made by this section.


3.  There is misinformation going around that there will no coordination with USDA on the development of food safety standards.  This is what the bill actually says:


'(a) STANDARDS.-The Secretary, in coordination
with the Secretary of Agriculture, shall establish by regu-
lation scientific and risk-based food safety standards for
the growing, harvesting, processing, packing, sorting,
transporting, and holding of those types of raw agricul-
tural commodities-
''(1) that are a fruit, vegetable, nut, or fungus;
and
''(2) for which the Secretary has determined
that such standards are reasonably necessary to
minimize the risk of serious adverse health con-
sequences or death to humans or animals.



'(c) EDUCATIONANDCOMPLIANCE.-The Secretary
shall coordinate with the Secretary of Agriculture to pro-
vide for effective implementation of education and compli-
ance activities. The Secretary may contract and coordinate
with the agency or department designated by the Governor
of each State to perform activities to ensure compliance
with this section.''.

4.  There is misinformation going around about the impact of the traceability provisions of the bill.  Here is what the bill actually says:

'(C) COORDINATIONREGARDINGFARMIM-
PACT.-In issuing regulations under this para-
graph that will impact farms, the Secretary-
''(i) shall coordinate with the Sec-
retary of Agriculture; and
''(ii) take into account the nature of
the impact of the regulations on farms.
''(4) EXEMPTIONSANDLIMITATIONS.-
''(A) DIRECTSALES BYFARMS.-Food is
exempt from the requirements of this sub-
section if such food is-
''(i) produced on a farm; and
''(ii) sold by the owner, operator, or
agent in charge of such farm directly to a
consumer or to a restaurant or grocery
store.
''(B) FISHINGVESSELS.-Food is exempt
from the requirements of this subsection if such
food is produced through the use of a fishing
vessel as defined in section 3(18) of the Magnu-
son-Stevens Fishery Conservation and Manage-
ment Act until such time as the food is sold by
the owner, operator, or agent in charge of such
fishing vessel.

These seem to be the main concerns I have heard.



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