Revised Ag Water Rule Finalized by the FDA

September 2024 FloridAgriculture eNewsletter

The U.S. Food and Drug Administration (FDA) has published a final rule that revises pre-harvest agricultural water provisions in the FSMA Produce Safety Rule. The rule replaces the previous microbial quality criteria and testing requirements with systems-based, pre-harvest agricultural water assessments.

The Florida Department of Agriculture and Consumer Services (FDACS) is committed to providing support for farms that may be affected by this rule change.

It is highly encouraged that all fruit and vegetable producers take advantage of the produce safety training opportunities provided in partnership with the University of Florida Institute of Food and Agricultural Sciences (UF-IFAS) and FDACS. FDACS Food Safety Training Calendar can be found here.

Under the revised rule, covered farms using pre-harvest agricultural water for covered produce must conduct annual agricultural water assessments and assess factors such as water source, distribution system, protection from contamination sources, application methods, time interval between water application and harvest, crop characteristics, environmental conditions, and other relevant factors.

Based on the assessments, farms must determine if corrective or mitigation measures are necessary to minimize contamination risks. Prompt action is required for hazards related to animal activity, biological soil amendments of animal origin (BSAAOs), or untreated/improperly treated human waste. Mitigation measures should be implemented as soon as practicable for other hazards, or testing may be conducted.

The final rule also requires supervisory review of the written assessment and determinations made. Covered farms may be exempt from assessments if they meet specific requirements for their pre-harvest agricultural water.

Compliance dates for the pre-harvest agricultural water provisions are as follows: Large farms: 9 months after the effective date (April 7, 2025), Small farms: 1 year, 9 months after the effective date (April 6, 2026), Very small farms: 2 years, 9 months after the effective date (April 5, 2027).

FDACS is available to help assess Produce Safety Rule compliance, including the new ag water requirements, on your farm with a free On-Farm Readiness Review. To request an on-site readiness review, click here.

If you have any questions, call 863-578-1900, email Kirby Quam, or visit www.FDACS.gov/FSMA.

Additional Resources:
FSMA Final Rule on Pre-Harvest Agricultural Water | FDA

Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption