When the FDA team responsible for implementing the Food Safety Modernization Act (FSMA) came to New Hampshire and Vermont last week, they got an earful — and an education. At an August 20th Listening Session at Dartmouth College, about two hundred vegetable and fruit farmers, food processors, local food advocates, and consumers showed up to tell the visitors from inside the Beltway of the many ways in which the FDA’s proposals for new food safety regulations would affect them. Farmers and others, including NOFA Vermont’s Fruit and Vegetable Technical Assistance Advisor Lynda Prim, stood in line for an hour or more for the chance to detail increased production costs, harms to the environment, and economic disincentives, especially on smaller-scale operations.
Those who presented remarks voiced a number of specific concerns. Many pointed out that the FDA’s proposed requirement that farmers test irrigation water weekly was unnecessary, impractical, and would increase costs significantly. Others pointed out negative consequences on wildlife and biodiversity on farms.
Lynda Prim joined a number of organic farmers present in voicing concern about conflicts between proposed FSMA requirements and the National Organic Program rules, despite the fact that the FDA is explicitly directed to avoid such conflicts. For instance, proposed requirements for waiting periods before crops can be harvested after field applications of manures (270 days) and compost (45 days) greatly exceed, and are in direct conflict with, such waiting periods required by the National Organic Program. Additionally, these extended waiting periods are impractical in New England’s short growing season, and would likely increase the use of chemical fertilizers on non-organic farms. Farmers’ incomes and the environment would be negatively affected.
Many spoke of how increased compliance costs — estimated by the FDA to run to thousands of dollars annually on even small-scale operations — would either force them to leave farming entirely or significantly damage opportunities for farm expansion and new farm enterprises. Such specific, informed and heartfelt criticisms of the proposed regulations continued for over two hours straight.
Later that day and the next, the FDA team visited local farms and food businesses, including the Mad River Food Hub and Hartshorn Farm in Waitsfield, and the Intervale Farm in Burlington. They got a first-hand look at the diversity of farming practices, production systems, distribution and marketing innovations that are critical to the continued development of our emerging local food economy in the region. (You can see their impressions of the visit on the FDA’s blog.)
Throughout their visit, the members of the FDA team listened intently. They had a lot of questions and asked for advice and recommendations. More than once, Michael Taylor, the FDA Deputy Commissioner who led the team, indicated that he wanted to make sure that the vigor of local farms and the local food economy would not be derailed by burdensome and unnecessary food safety regulations. We agree, and hope to see his statements translated into action when the final regulations are published next year.
Our visitors are now back at their desks in D.C.. But farmers, organizations, consumers and businesses throughout the country have until November 15 to submit their own written comments expressing their concerns about proposed regulations, as well as their recommendations for improving them. The FDA is, by law, required to read and consider every one of these written comments before it develops and publishes its final food safety regulations in the next year or so. It’s up to all of us to make sure it’s a highly educational experience for them.
More information about the proposed rules and how to submit your own comments can be found in our earlier post on the the FSMA. NOFA Vermont and Vermont Organic Farmers are working on an official comment of our own; stay tuned to learn more.
[by Dave Rogers, NOFA Vermont Policy Advisor]