January 26, 2022
The FDA wants to remind produce stakeholders that the Agency previously announced its intention to exercise enforcement discretion for all of the agricultural water requirements for covered produce (other than sprouts). This includes exercising enforcement discretion related to the January 26, 2022 compliance date for the pre-harvest, harvest and post-harvest agricultural water requirements in the FDA Food Safety Modernization Act (FSMA) Produce Safety Rule for the large covered farms.
The enforcement discretion plans were announced in the recently issued agricultural water proposed rule. At that time, the FDA also announced that we would pursue a targeted compliance date rulemaking for these requirements. During these rulemakings, covered farms should implement good agricultural practices to maintain and protect the quality of their water sources.