November 30, 2007
Docket Clerk
Marketing Order Administration Branch, Fruit and Vegetable Programs
Agricultural Marketing Service (AMS)
US Department of Agriculture
1400 Independence Avenue SW, STOP 0237
Washington, DC 20250-0237
Docket No. AMS-FV-07-0090; FV07-962-1 AN (7 CFR Part 962)
Handling Regulations for Leafy Greens Under the Agricultural Marketing Agreement Act of 1937
Official Comments from the Association of Food & Drug Officials (AFDO)
The Association of Food & Drug Officials (AFDO) is a national organization that represents state, local, and federal food and drug safety regulatory officials. AFDO is well known for promoting uniformity and cooperation among the regulatory community and has helped to foster numerous collaborative projects to advance these objectives. Among the national projects we have been very active in are the Seafood HACCP Alliance, National Food Safety System (NFSS) project, States Helping States program, and FoodSHIELD – the community of food safety and food defense regulatory programs. Additionally, AFDO has developed a host of model codes that states can utilize in promulgating specific regulations. Such model codes as AFDO’s “Cured Salted and Smoked Fish GMP’s”, “Guidelines for Juice Manufacturers”, “Retail Meat & Poultry Processing at Retail Guidelines” and “Reduced Oxygen Packaging at Retail” were authored following specific food safety concerns associated with these practices.
AFDO is currently spearheading a Workgroup consisting of government, industry, and consumer officials to author a model code for mandatory best practices for produce at the grower and packer level. A number of federal and state standards have been developed in part from the information contained within AFDO model codes, and it is equally possible that the one currently being developed by AFDO will be used for this purpose as well. Because of AFDO’s strong allegiance to state food safety programs, we possess a unique strength and impact for advancing food safety projects we feel are best addressed through the integrated efforts of government at all levels.
Recent outbreaks associated with fresh fruits and vegetables were investigated by a number of our members and following each of these outbreaks, questions arose as to the current effectiveness of government activities in the fresh produce arena. Our comments to USDA are provided with the understanding that government needs to address food safety concerns with fresh fruits and vegetables in a similar progressive fashion as was conducted for fishery products, meat & poultry, shell eggs, and vegetable juices. AFDO believes it is time for government to act in a collaborative fashion.
It is our opinion that current Good Agricultural Practices (GAPs) are primarily market-driven only and that FDA and the states must begin to look at mandatory controls rather than voluntary compliance. AFDO further believes that any mandatory controls must be uniformly applied throughout the country. Because we believe that the regulatory authority, as well as the technical expertise, resides within another government agency, we feel that this issue is best addressed with FDA as the principle lead — with both USDA and state counterparts in food safety, public health, and agricultural production serving as collaborative partners. While USDA/AMS can offer certification to growers and packers through established fee-for-service programs, we feel this is not the appropriate agency to monitor or control a regulatory system, even if that system is a mandatory marketing program to be verified. At a time when consumer groups, industry, and policy-makers are debating singular government oversight of food safety in this country, placing another federal agency into the mix seems unwise.
AFDO recognizes that this proposed federal marketing agreement closely models what California’s leafy greens industry has developed with the California Department of Food & Agriculture. AFDO is not convinced, however, that similar agreements can be nationalized given the many variations of how produce is grown in different regions of the country, as well as the differences in the make up of various committees that would set forth standards for the region. Further, we believe that the make-up of these committees does not provide for the input from public health officials, or food safety experts, and will lack the credibility necessary for a successful resolution that can win broad support in the public arena.
Finally, AFDO does support the continuation of the federal-state partnering in food safety efforts for this proposal. The current partnership with USDA/AMS is generally not with the state food safety officials, but with state fruit and vegetable graders and product certification staff. For the reasons stated above, we believe that this partnership must be expanded to ensure adequate food safety training and it must be in partnership with FDA. The individuals utilized for verifying a mandatory food safety system, which has been implemented at the farm, or packer level, must have the training and expertise of experienced food safety officials to ensure an effective program with strong national credibility with all stakeholders.
Again, we believe that food safety at the farm and packinghouse levels are best accomplished through regulations promulgated through FDA, partnering with both USDA/AMS and state regulatory officials.
AFDO greatly appreciates the opportunity to comment on this proposal and looks forward to advancing the principles outlined in this important effort.
Respectfully submitted
Steve Steingart, President
Association of Food and Drug Officials
