ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1063: produce safety rule; state administration |
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PRIME SPONSOR: Senator Griffin, LD 14 BILL STATUS: Land, Agriculture & Rural Affairs
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Relating to state administration of the federal
PSR.
Provisions
Administration of PSR
1. Designates the AZDA as the state agency responsible for administering the federal PSR. (Sec. 40)
2. Authorizes the AZDA Director to:
a. negotiate, consult and collaborate with the USDA to obtain and maintain federal approval and delegation of authority to regulate produce grown, harvested, packed or held that is subject to the PSR;
b. consult, cooperate, collaborate and, if necessary, enter into applicable agreements with federal, state and non-governmental agencies;
c. apply for, accept and spend federal and other non-state financial aid;
d. facilitate cooperation among governmental and private entities to enhance and protect agriculture and food systems;
e. provide training and instruction related to produce safety; and
f. seek variances, waivers or exemptions from federal requirements to accommodate state or local conditions. (Sec. 40)
3. Establishes the Citrus, Fruit and Vegetable Division within the AZDA, responsible for administration of the PSR and the existing Citrus, Fruit and Vegetable Standardization and Produce Safety Program. (Sec. 1)
4. Creates the position of Associate Director to administer the new division and prescribes qualifications for the position.
a. Replaces the current position of the Supervisor of Standardization and assumes the duties previously held by the Supervisor. (Sec. 4, 5, 8-40, 42)
5. Requires the Associate Director to administer the program and to:
a. establish training activities, outreach and technical assistance programs to encourage participation and compliance; and
b. establish a continuing education program for training employees. (Sec. 40)
6. Allows the Associate Director to utilize the assistance of the Cooperative Extension Service and to issue certificates for completion of formal training. (Sec. 40)
7. Allows the Director of the AZDA to obtain approval from the FDA to recognize other food safety programs under AZDA authority. The program must align with and satisfy requirements of the PSR. (Sec. 40)
8. Requires the AZDA to maintain an inventory of covered farms and other operations (harvesters, holders, packers) that are subject to regulation. (Sec. 40)
9. Establishes annual reporting requirements and outlines record-keeping requirements for covered farms and related secondary activities.
a. Classifies a covered farm or other operation subject to regulation based on annual average sales of at least $25,000 per year.
b. Describes conditions for full exemptions and qualified exemptions. (Sec. 40)
10. Outlines requirements for inspection of records and investigations to determine compliance. (Sec. 40)
11. Allows the AZDA, in the event of a food-borne illness outbreak, to inspect a farm and secure relevant samples for laboratory analysis by the State Agricultural Laboratory. (Sec. 40)
12. Requires the State Agricultural Laboratory to report test results only to the party that provided the original sample. (Sec. 2)
13. Authorizes the AZDA Director to:
a. administer science-based minimum standards for safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death;
b. develop a corrective action plan;
c. adopt rules to address, correct and remediate violations; and
d. to remedy actions, including a stop sale order, seizure or embargo of produce. (Sec. 40)
14. Outlines access to public information and provides exceptions for disclosure related to trade secrets, financial information and investigations.
a. Allows disclosure of information that would otherwise be confidential in limited circumstances. (Sec. 40)
15. Exempts the AZDA from administrative rulemaking requirements to adopt, implement and administer the PSR. (Sec. 40, 45)
16. Specifies proposed rules must be made available to any interested party at least 30 days prior to any hearing to adopt a new rule or to modify an existing rule.
a. Requires the AZDA Director to provide notice to persons or entities that have requested notice. (Sec. 40)
Produce Safety Trust Fund
17. Establishes the Produce Safety Trust Fund consisting of legislative appropriations, gifts, grants or donations from public or private sources and any monies collected by AZDA through administration of the PSR. (Sec. 40)
18. Exempts Trust Fund monies from lapsing. (Sec. 40)
19. Requires AZDA to maintain a detailed accounting of all monies deposited and disbursed from the Trust Fund. (Sec. 40)
Violations and Penalties
19. Subjects a person who knowingly does the following to a class 1 misdemeanor (6 months jail/up to $2,500 fines plus surcharges):
a. impeding AZDA efforts to perform duties related to produce safety; or
b. making any materially false statements or representations in written documents required to be maintained under record-keeping requirements. (Sec. 40)
20. Subjects an inspector who knowingly does the following to a class 1 misdemeanor (6 months jail/up to $2,500 fines plus surcharges):
a. making a wrong or improper inspection;
b. accepting monies or other consideration in exchange for improper performance of the inspector’s duties;
c. improperly seizing any produce; or
d. failing to bring an action to prosecute a violation. (Sec. 40)
21. Grants the AZDA Director the authority to seek a temporary restraining order or preliminary or permanent injunction.
a. Specifies a decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator. (Sec. 40)
22. Establishes a civil penalty of up to $1,000 for each violation and requires deposit of these monies into the Produce Safety Trust Fund. (Sec. 40)
23. Allows a person in violation to request a hearing before an ALJ.
a. Specifies the decision provided by the ALJ is subject to review by the AZDA Director. (Sec. 40).
Citrus, Fruit and Vegetable Advisory Council
24. Requires the Advisory Council to provide assistance and advice to the AZDA Director on matters related to administration of the Produce Safety Program. (Sec. 40)
25. Adds two members to Advisory Council. (Sec. 41)
26. Requires the Advisory Council to review and make recommendations relating to:
a. produce safety policies;
b. implementation and operation of the Produce Safety Program;
c. the progress and success or education, training and outreach efforts; and
d. the perception, evidence and consequences of overregulation. (Sec. 42)
27. Reduces the number of days to respond to the Council recommendations. (Sec. 42)
Miscellaneous
28. Requires the ADHS Director to consult, cooperate and collaborate with the AZDA, and if necessary, to enter into agreements to administer the Produce Safety Program. (Sec. 43)
29. Requires ADHS rules to exempt produce in a packing or holding facility that is subject to PSR requirements and AZDA jurisdiction. (Sec. 44)
30. Requires the ADEQ Director to work with the AZDA prior to adopting water quality standards for agricultural water used to grow, harvest, cool, wash, pack or hold raw agricultural commodities subject to the Produce Safety Program. (sec. 46)
31. Defines terms. (Sec. 4, 8, 40, 46)
32. Reconciles conflicting versions of A.R.S. § 3-415 relating to agriculture marking orders and agreements. (Sec. 6, 7)
33. Makes technical and conforming changes. (Sec. 1, 3-5, 8-23, 26-39, 41-43)
Additional Information
Congress enacted the FSMA in 2011, which is a comprehensive reform of US food safety laws designed to address concerns over illnesses and deaths occurring as a result of food-borne illness outbreaks and to ensure the safety of the US food supply by shifting the focus from responding to contamination to preventing contamination.
In response to the FSMA, the FDA established science-based minimum standards for the safe production and harvesting of fruits and vegetables to minimize the risk of serious adverse health consequences or death. The PSR, finalized in 2015 with an effective date of January 2016, applies to produce that is usually consumed raw. The PSR establishes standards to address issues that are considered most likely to cause microbiological contamination of produce including: a) water quality (e.g. agricultural water that contacts produce); b) biological soil amendments (e.g. manure that may come into contact with produce); c) equipment, buildings and sanitation (e.g. tools, utensils, containers); d) worker training, health, and hygiene; and e) growing, harvesting, packing and holding activities that may be a source of contamination.
Rather than implement the PSR on its own, the FDA encouraged states to develop their own program and offered federal funding to support implementation efforts. In June 2016, the AZDA submitted a grant proposal and was awarded five years of funding for outreach, education, compliance and enforcement.
The AZDA entered into an agreement with the FDA to assume responsibility for the PSR. To assume primacy, the state must demonstrate that it has the statutory and administrative authority to: a) provide statewide training and outreach for the PSR; b) facilitate the required grower training components; c) provide one-on-one consultations to help farms understand and comply with the PSR; and d) assume regulatory oversight responsibilities.
The AZDA has developed a multi-year strategic plan to assume jurisdiction, implement the PSR and align Arizona processes with the PSR. The plan builds on the existing Citrus, Fruit and Vegetable Advisory Council’s Standardization Program, Good Handling Practices/Good Agricultural Practices, the USDA Food Safety Audit Program, and the food safety program administered by the Arizona Leafy Greens Marketing Agreement.
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Fifty-third Legislature SB 1063
Second Regular Session Version 1: Land, Agriculture & Rural Affairs
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