As we wrote to you
several weeks ago, the Food Safety Modernization Act (FSMA, pronounced
"fis-ma") was signed into law in 2011 and gives the US Food and Drug
Administration (FDA) new and expansive authority to regulate most
aspects of food production with the stated goal of reducing foodborne
illness. We have created a web-page to help West Virginians understand how FSMA might affect their businesses. The FDA is currently accepting comments on the proposed draft rules until November 15th.
On November 10th, The
West Virginia Food and Farm Coalition sent our official comment to
Michael Taylor, the Deputy Commissioner for Foods at the FDA. After
consulting with policy experts and coalition members that include West
Virginia farmers, we found that FSMA as currently drafted could
have damaging effects on the success and economic viability of the
small-but-growing West Virginia food businesses and beginning farmers.
Here is a list of our comments:
- We ask FDA to publish a second round of draft rules that takes
into account the realities of small farm sustainable agriculture, helps
preserve the natural resources of Appalachia, and reflects a
science-based approach to food safety.
- We ask that FDA work to
differentiate between foodborne illness originating on the farm and that
originating at later food processing stages, so as to better target
prevention and enforcement and ensure that costs are borne in relation
to the presence of risk factors. We further ask that FDA take a
risk-based regulatory approach and apply rules only to produce that is
high-risk or has been associated with a severe outbreak in the past.
- In
determining whether a farm's sales are large enough to qualify the
operation to be covered by the Produce Rule, we ask that FDA consider
only that farm's sales of covered produce, instead of considering the
farm's total sales. We further ask that FDA use only sales of covered
produce in considering a farm or farm mixed-type operation for an
exemption.
- In light of the fact that there has never been a
major foodborne illness outbreak associated with agricultural water in
West Virginia, we ask that FDA take a science-based regulatory approach
to agricultural water.
- We ask that FDA work with USDA and other
agencies and require only water quality testing methods that are
scientifically proven to identify proven health risk factors in
agricultural water.
- We ask that FDA recognize the necessity of
manure and compost to sustainable farming, and adopt requirements that
are no more stringent than those of the National Organic Program,
including a waiting period of not more than four months between
application and harvest.
- We ask that FDA allow farmers to assess
and control risk factors for contamination from domestic and wild
animals in a manner specific to their individual farms, rather than
within guidelines that may not be scale-appropriate. We further ask that
FDA recognize the important role that animals play on farms, and
refrain from placing restrictions on the use of farm animals for work
and fertility. We further ask that FDA recognize the importance of
wildlife habitat on farmland and the contribution that farmers make to
maintaining the ecology of Appalachia.
- We ask that FDA revisit
the requirements and, as outlined above, and in any other ways possible,
lessen the financial burdens they will place on producers and
distributors at all levels. We urge FDA to preserve food safety without
placing undue costs on our food system.
Here is a link to our letter to Michael Taylor. We need you to comment on FSMA to help us preserve the bright future of West Virginia's growing food movement! Click here to go to Regulations.gov and tell the FDA how FSMA will affect your business.
