Assigned to NREW AS
PASSED BY COW
Assigned to NREW AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
produce safety rule; state administration
Purpose
Authorizes the Arizona Department of Agriculture (AZDA) to administer the federal Produce Safety Rule (PSR).
Background
Food Safety Modernization Act
Congress enacted the Food Safety Modernization Act (FSMA) in 2011, which is a comprehensive reform of U.S. 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 U.S. food supply by shifting the focus from responding to contamination to preventing contamination.
Produce Safety Rule
In response to the FSMA, the U.S. Food and Drug Administration (FDA) established science-based minimum standards for the safe production and harvesting of fruits and vegetables in order 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: 1) water quality (agricultural water that contacts produce); 2) biological soil amendments (i.e. manure that may come into contact with produce); 3) equipment, buildings and sanitation (i.e. tools, utensils, containers); 4) worker training, health, and hygiene; and 5) 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.
Arizona Department of Agriculture
The AZDA entered into an agreement with the FDA to assume responsibility for the PSR. In order to assume primacy, the state must demonstrate that it has the statutory and administrative authority to: 1) provide statewide training and outreach for the PSR; 2) facilitate the required grower training components; 3) provide one-on-one consultations to help farms understand and comply with the PSR; and 4) 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.
An FDA grant awarded to AZDA in 2016 provides federal funding to support implementation efforts over a five-year period. There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
AZDA Administration of PSR
1. Designates the AZDA as the state agency responsible for administering the federal PSR, and authorizes the AZDA Director to:
a) conduct activities related to regulation of produce;
b) consult and collaborate with, and as necessary, enter into applicable agreements with federal agencies, state agencies and non-governmental agencies;
c) accept and spend federal and other non-state financial aid that might be available to administer the PSR;
d) facilitate cooperation among governmental and private entities in order to protect agricultural and food systems;
e) provide training and instruction related to produce safety; and
f) seek variances, waivers or exemptions from federal requirements in order to accommodate state or local conditions.
2. Establishes within the AZDA the Citrus, Fruit and Vegetable Division, which is responsible for the new programs related to produce safety as well as the existing citrus, fruit and vegetable standardization programs.
3. Creates the position of Associate Director to administer the new division and prescribes qualifications for the position. The Associate Director replaces the current Supervisor of Standardization (Supervisor) and assumes the duties previously held by the Supervisor.
4. Requires the Associate Director to administer the program and to establish training activities, outreach and technical assistance programs to encourage participation and compliance by farmers, harvesters, holders, packers and others who are subject to produce safety regulation.
5. Allows the Associate Director to utilize the assistance of the Cooperative Extension Service and to issue certificates for completion of formal training.
6. 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.
7. Requires the AZDA to maintain an inventory of covered farms and other operations (harvesters, holders, packers) that are subject to regulation.
8. Establishes annual reporting requirements and outlines record-keeping requirements for covered farms and related secondary activities.
9. Classifies a covered farm or other operation subject to regulation based on annual average sales of at least $25,000 per year. Describes conditions for full exemptions and qualified exemptions.
10. Outlines requirements for inspection of records and investigations related to determining compliance with the PSR.
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. Requires the State Agricultural Laboratory to report test results only to the party who provided the original sample.
12. Authorizes the AZDA Director to:
a) administer science-based minimum standards for safe production and harvesting of fruits and vegetables that are classified as raw agricultural commodities, in order to minimize the risk of serious adverse health consequences or death;
b) develop a corrective action plan; and
c) take actions to address any violations of produce safety requirements, including seizure or embargo of produce.
13. Outlines access to public information and provides exceptions for disclosure related to trade secrets, financial information and investigations. Allows disclosure of information that would otherwise be confidential in limited circumstances.
14. Requires proposed rules to be made available to any interested party at least 30 days prior to any hearing to consider adoption of a new rule or to modify an existing rule.
15. Exempts the AZDA from the standard administrative rulemaking process for rules related to implementation and administration of the PSR.
Produce Safety Trust Fund
16. Establishes the Produce Safety Trust Fund (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.
17. Provides that Trust Fund monies will be used to administer the PSR program, are exempt from lapsing and do not revert to the state General Fund.
18. Requires the AZDA to maintain a detailed accounting of the monies paid into and disbursed from the Trust Fund.
Violations and Penalties
19. Classifies, as a class 1 misdemeanor, knowingly:
a) impeding AZDA efforts to perform its duties related to produce safety; or
b) making false statements or representations in written documents required to be maintained under record-keeping requirements.
20. Classifies, as a class 1 misdemeanor, a state inspector knowingly:
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.
21. Establishes a civil penalty of up to $1,000 for each violation and requires monies received to be transmitted to the state Treasurer for credit to the Produce Safety Trust Fund.
22. Allows the AZDA Director to seek temporary restraining orders or injunctive relief.
Citrus, Fruit and Vegetable Advisory Council
23. Requires the Citrus, Fruit and Vegetable Advisory Council (Council) to provide assistance and advice to the AZDA Director on matters related to administration of the produce safety program.
24. Increases membership of the Council by adding two additional members.
25. Requires the Council to submit recommendations to the AZDA Director regarding produce safety policies, implementation and operation of the produce safety program.
26. Modifies requirements related to the AZDA Director’s response to Council recommendations.
Other State Agencies
27. Requires the Arizona Department of Health Services (DHS) Director to consult, cooperate and collaborate with the AZDA, and if necessary, to enter into memoranda of understanding as part of the AZDA implementation of the produce safety program.
28. Requires DHS rules to exempt produce in a packing or holding facility that is subject to PSR requirements and AZDA jurisdiction.
29. Requires the Director of the Arizona Department of Environmental Quality to work with the AZDA prior to adopting agricultural water quality standards for water used to grow, harvest, cool, wash, pack or hold raw agricultural commodities that are subject to the produce safety program. Agricultural water means water used in an activity subject to PSR regulations.
Miscellaneous
30. Defines farm, harvesting, holding, packing, produce and produce safety rule.
31. Reconciles two conflicting versions of A.R.S. Section 3-415, relating to agricultural marketing orders and agreements, amended in 2011.
32. Makes technical and conforming changes.
33. Becomes effective on the general effective date.
Amendments Adopted in Committee of the Whole
2. Deletes cross-compliance provision that allowed AZDA Director and FDA to establish procedures and technical standards equivalent to those established pursuant to the PSR.
3. Makes conforming changes.
Committee Action
NREW 01/11/18 DP 8/0/0
Prepared by Senate Research
February 2, 2018
KK/lat