FDA Announces Cooperative Agreement to Implement National Produce Safety Rule

September 16, 2014

The U.S. Food and Drug Administration announced today a new cooperative agreement with the National Association of State Departments of Agriculture (NASDA) related to the Food Safety Modernization Act (FSMA) to provide critical information to help plan and carry out implementation of a national produce safety rule, in partnership with state regulatory agencies.

The cooperative agreement will provide the funding and support necessary to determine the current foundation of state law, the resources needed by states to implement the produce safety rule, as well as develop a timeline for successful implementation once the rule is finalized.

NASDA will partner with the Association of Food and Drug Officials (AFDO), the International Food Protection Training Institute (IFPTI), and other public health partners in the development of a national produce safety plan.

“Our state partners have expertise in produce safety and unique knowledge of local food production activities, and thus have an essential role to play in helping to implement the FSMA produce safety rule,” said Michael R. Taylor, FDA’s Deputy Commissioner for Foods and Veterinary Medicine. “This cooperative agreement will provide critical information on state legal authorities and resources to address produce safety and lay the foundation for working with NASDA and other state partners to develop a realistic and workable plan for nationwide implementation of the produce safety rule.”

“The progress we have made in the past year towards a state-federal partnership with the FDA is incredible,” said Chuck Ross, outgoing NASDA President and current Vermont Secretary of Agriculture. “This agreement further confirms the critical need to make sure the produce safety rule gets implemented correctly. NASDA will help the FDA develop and implement a national produce safety plan in a way that makes sense to the producers and processors that feed American consumers. NASDA remains fully committed to food safety and the successful implementation of FSMA.” “We are thrilled for the opportunity to further collaborate with the FDA on food safety. NASDA is committed to the sound and comprehensive execution of this cooperative agreement,” said NASDA CEO Dr. Barbara Glenn.

NASDA is a nonpartisan, nonprofit association which represents the elected and appointed commissioners, secretaries, and directors of the departments of agriculture in all fifty states and four U.S. territories. To learn more about NASDA, please visit http://www.nasda.org.

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Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).