Montana Department of Agriculture logo

The Food Safety Modernization Act (FSMA) and the Produce Safety Rule have been finalized and are federal law. The Montana Department of Agriculture provides outreach, education and technical assistance to prepare produce growers for these new food safety laws.

If your farm grows produce, please complete the online FSMA Inventory Form with some basic information about your produce operation. This information will enable the Department to align resources with areas of need. Completing this form also helps the Department identify farms eligible for exemptions.

Note: This inventory is only required for farms growing produce, such as apple orchards or diversified vegetable farms. Certain types of farms are also exempt from the rule. If you are unsure whether the Produce Safety Rule applies to your operation, use our online Exemption Decision Tool.

 

 

Produce Safety Alliance - Grower Training

The Montana Department of Agriculture is hosting statewide Grower Trainings this fall.  This is the approved course developed by the Produce Safety Alliance.  This one day training will cover an introduction to the FSMA Produce Safety Rule, worker training, soil amendments, post-harvest handling, and more.  For farms that will be covered by the new Produce Safety Rule, this training also satisfies the requirement that one person from your farm must attend an approved grower training course.

Training dates and locations:

Contact Betsy Miller to reserve your spot and learn more about the training (bemiller@mt.gov or 406-444-0131). Sign up will close 5 business days before each training.  Refunds are not available to cancellations made within 5 business days of each training.

 


   Click here to download the sign up form and pay with check or click below to pay with credit card

Register & Pay Online

 

After clicking the button above, select PRODUCE SAFETY TRAINING from the Transaction Item dropdown menu, then click Next and follow the instructions to sign up and pay online. Or download the sign up form to pay with a check


What to expect: Trainers will spend the day covering content in these seven modules:

  • Introduction to Produce Safety and the Food Safety Modernization Act
  • Worker Health, Hygiene, and Training
  • Soil amendments
  • Wildlife, Domesticated Animals and Land Use
  • Agricultural Water
  • Postharvest Handling and Sanitation
  • How to Develop a Farm Food Safety Plan 

Agenda: Click here to download.  Course will begin at 8:15am, and will conclude by 4:45pm

Need more information? Have questions or training requests? Contact Betsy Miller, Food Safety Coordinator at (406) 444-0131 or foodsafety@mt.gov.  

Food Safety Modernization Act

The Food Safety Modernization Act (FSMA, often pronounced "fizz-ma") was signed into law on January 4, 2011.  FSMA authorizes the Food and Drug Administration (FDA) to take a preventative approach to food safety.

There are seven rules included within FSMA.  The Produce Safety Rule is one of these Rules and was finalized in 2015.  The Produce Safety Rule sets food safety standards for farms in an effort to minimize the risks of microbiological contamination that may occur during the growing, harvesting, packing and holding of fresh produce. The key elements to the Produce Safety Rule and additional resources are listed below.  For more information, attend one of the PSA Grower Training courses.

Content and information on this web page were supported in part by the Food and Drug Administration through grant PAR-16-137. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the FDA.

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Produce Safety Rule
Exemption Decision Tool
for Producers

 

Use the tool linked above to help determine if the Produce Safety Rule applies to your farm or commodity. Not all farms or commodities are covered by the new rules- there are exemptions and exclusions (this is just a summary, for a full explanation review the Final Rule).

  • The rule does not apply to food grown only for personal consumption.
  • If your farm has average annual produce sales less than $25,000, the rule does not apply.  Click here to see inflation adjusted values.
  • The rule does not apply to produce commodities that are "rarely consumed raw." The list of these commodities are below.
    • Asparagus; black beans, great Northern beans, kidney beans, lima beans, navy beans, and pinto beans; garden beets (roots and tops) and sugar beets; cashews; sour cherries; chickpeas; cocoa beans; coffee beans; collards; sweet corn; cranberries; dates; dill (seeds and weed); eggplant; figs; ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; winter squash; sweet potatoes; water chestnuts.
  • There is an exemption for produce that receives commercial processing that adequately reduces harmful pathogens (e.g. a kill step). Specific written assurances and disclosures must be documented.
  • A "qualified exemption" is provided for farms that meet two requirements: (1) the farm must have total food sales averaging less than $500,000 annually during the previous 3 years; and (2) the farm's sales to qualified end-users* must exceed sales to all others. Qualified exempt farms must keep documentation to show eligibility for the exemption. They must also display their name and address on the label of the produce or at the point of purchase (e.g. sign at the farmers market). Click here to see inflation adjusted values.
    • A qualified end-user is either: (1) the direct consumer of the food or (2) a restaurant or retail food establishment that is located in the same state or reservation as the farm OR within 275 miles.

The Produce Safety Alliance (PSA) is a collaborative project between the US Department of Agriculture, the Food and Drug Administration and Cornell University. Visit their main page to sign up for their newsletter or find them on Facebook. Below are a few areas of focus for the PSA.

Training: The PSA has taken the lead in creating standardized training curriculum and materials for produce growers. Currently, this training curriculum is the only FDA approved training to meet the FSMA requirements for covered farms. The FSMA Produce Safety Rules requires at least one supervisor or responsible party for your farm must have successfully completed food safety training at least equivalent to that received under standardized curriculum recognized as adequate by the FDA. In the future, there may be alternative trainings offered, but as of March 2017, the PSA Grower Training is the only one "recognized as adequate." If you have questions about whether or not a training will meet the requirements, please contact Betsy Miller at the Department of Agriculture (406) 444-0131 or bemiller@mt.gov . Future training is being planned in Montana, but you are welcome to take the PSA Grower training wherever it is offered. See a list of upcoming courses by clicking here.

Resources: The PSA is continually adding resources and materials to their web page. Below are just a few topics you can find.

  • Agricultural water calculation tools
  • Exemption and exclusion presentation
  • Farm food safety plan writing resources (you are not required to have a safety plan for your farm, but it is recommended)

Below are responses to some of the commonly received questions about the Food Safety Modernization Act and the Produce Safety Rule.  If you have questions beyond the scope of this list, or would like further explanation, please contact Betsy Miller at the Department of Agriculture (406) 444-0131 or bemiller@mt.gov.

How do I know if this rule applies to me?

There are a few exceptions to the Produce Safety Rule.  Exemptions include produce that is: grown for personal consumption; will receive commercial processing; or is rarely consumed raw (such as potatoes).  Additional exemptions are for farms that have less than $25,000 in average annual produce sales. Complete the questions on the survey/decision tool and/or MDA's online Produce Safety Rule Exemption Decision Tool to help determine if your farm will be exempt from the rule or not.

My farm is going to be fully covered, when do I need to comply?

Compliance dates are staggered based on the average annual produce sales. Farms with more than $500,000 of average annual produce sales will be fully covered by the rule and will need to comply by Jan. 26, 2018
Farms with more than $250,000 but less than $500,000 of average annual produce sales will need to comply by Jan. 28, 2019
Farms with more than $25,000 but less than $250,000 of average annual produce sales will need to comply by Jan. 27, 2020
An additional 2 years should be factored in for water testing requirements, unless you are a sprout grower.

A third-party already does GAP audits on my farm, is that enough to comply?

Currently, a GAP audit is not sufficient to comply with the FSMA Produce Safety Rule.  However, being GAP certified or having a farm food safety plan will make it easier for you to meet the requirements. Depending on the program you use, you may find that your audit requirements are higher than the FSMA Produce Safety Rule requirements. Contact the Montana Department of Agriculture if you have more questions.

Am I required to have a food safety plan?

No, you are not required to have an on-farm food safety plan under the FSMA Produce Safety Rule. However, having a plan is an excellent way to organize and manage your safety policies and procedures. Additionally, if you are exempt from the rule, have a food safety plan to show your buyers can demonstrate your commitment to safe produce. Multiple online resources exist to help you create a plan. Find templates and guides by clicking here.

I've heard that the water testing requirements are changing. What do I need to know?

The FDA is exploring ways to simplify the microbial quality and testing requirements for agricultural water. It is possible that additional testing methods will become available for farmers to use. Until further guidance is released, it is recommended that covered farms use the testing standards currently listed in the Produce Safety Rule.

As someone who eats produce, how will this affect me?

As a consumer, you should still take measures to reduce microbial contamination on fruits and vegetables at home. Steps include:

  • Refrigerate perishable fruits and veggies at 40 degrees or below.
  • Be mindful not to cross contaminate raw meat or seafood products with produce
  • Wash your hands with soap and water before preparing fresh produce
  • Wash fruits and vegetables with water before eating or cutting

Find more tips at www.foodsafety.gov.

 

 

Food and Consumer Safety - Department of Public Health and Human Services

 

Food Safety News

Department to Hold Waste Pesticide Disposal Events in September

Annual events have collected over 561,136 lbs. of waste pesticides

Department to Hold Waste Pesticide Disposal Events in September

Helena, Mont. - The Montana Department of Agriculture’s annual Pesticide Disposal Event will be held in several locations across western Montana during September. The collection events will be held September 19 in Kalispell; September 20 in Missoula; September 21 in Helena; and September 22 in Dillon​.  The annual event has collected more than 561,136 pounds of waste pesticides since it began in 1994. 

 

Betsy Miller
Food Safety Coordinator

Phone: (406) 444-0131
E-mail : foodsafety@mt.gov
302 N Roberts
Helena, MT 59601

 

Food Safety Forms & Files

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