AMS Issues Proposed Rule on Voluntary Marketing Program for Handlers and Importers of Leafy Greens

AMS is also announcing seven public hearings on the proposed marketing agreement.

(The petitioners state that the proposed agreement was discussed with leafy green vegetable growers, handlers, including those importing leafy greens, trade associations, and other industry stakeholders for more than a year. The proposal has not received approval by the Secretary of Agriculture.)

Highlights of the petitioner's proposed marketing agreement include (partial list):

Signatory Handlers Would Buy from Producers That Meet Program Requirements

As a voluntary program, only signatory handlers (including importers) of leafy green vegetables would be subject to the program's requirements:

In addition, signatory handlers could only handle leafy green vegetables from:

1. producers within the U.S. who meet the requirements of the program, or
2. producers and handlers outside the U.S. who meet the requirements of the program.

(The U.S. would be defined as the 50 states and the District of Colombia, and is termed the "production area" in the proposed agreement.)

Marketing Agreement Would Develop Regulations, be Financed by Handlers

The proposed voluntary marketing agreement would add a new 7 CFR Part 970, which would include the following (partial list):

Development, implementation of regulations. The proposed voluntary agreement would authorize the development and implementation of production and handling regulations (metrics). Such metrics would reflect Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices.

Definition of handler. "Handler" would be defined as any person who receives, acquires, sells, processes, ships, distributes, or imports leafy green vegetables, including both raw agricultural commodities and fresh cut, packaged products. This definition does not include a retailer, a foodservice distributor, or a broker, except to the extent that such a person is otherwise engaged in handling.

Audits would be conducted. Audits would be conducted by the U.S. Department of Agriculture Inspection Service, and would include both domestic and imported product handled by signatory handlers.

Program would be financed by handlers. The proposed program would be financed by assessments collected from first handlers on the volume of leafy green vegetables handled for the fresh market. Such assessments would include costs of domestic audit verification for first handlers and their producers.

First handlers would also be responsible for fees for audit verification services provided for their imported leafy green vegetables or products. Secondary signatory handlers would be responsible for fees for audit verification services for leafy green vegetables or products handled by such handler.

Traceability. The traceability of leafy green products would be required to be established at all stages of production, processing, and distribution. Signatory handlers would have the ability to track their products from their supplier(s) to their customer(s). To this end, signatory handlers would be required to have in place systems and procedures that allow for this information to be made available for verification.

Official certification mark. USDA would obtain and grant the use of a U.S.-registered certification mark that would be the agreement's official mark. This mark would be licensed to signatories who comply with the terms of the proposed agreement. Signatories would use the mark in accordance with the proposed rule.

(See AMS' proposed rule for complete proposed regulations.)

Seven Hearings to Take Place in September-October

AMS will also conduct a series of public hearings regarding its proposed marketing agreement. The hearing dates are as follows:

(1) September 22 - 24, 2009 in Monterey, California;

(2) September 30 - October 1, 2009 in Jacksonville, Florida;

(3) October 6, 2009 in Columbus, Ohio;

(4) October 8, 2009 in Denver, Colorado;

(5) October 14 and 15, 2009 in Yuma, Arizona;

(6) October 20, 2009 in Syracuse, New York; and

(7) October 22, 2009 in Charlotte, North Carolina.

(In October 2007, AMS published an advance notice of proposed rulemaking (ANPR) in response to industry interest in the establishment of a national marketing program to address the handling of fresh leafy green vegetables.

The ANPR resulted in the submission and consideration of 3,500 public comments on the need and level of support for a nationwide best practices program. See ITT's Online Archives or 10/22/07 news, 07102230, for BP summary of the ANPR.)

AMS contact - Antoinette Carter (202) 720-2491

AMS notice (D/Ns AO-FV-09-0138; AMS-FV-09-0029; FV09-970-1, FR Pub 09/03/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21295.pdf

FDA's Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables (dated 10/26/98) available at http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/ProduceandPlanProducts/ucm064574.htmadd

FDA's Commodity Specific Food Safety Guidelines for Lettuce and Leafy Greens Supply Chain (dated 04/25/06) available at http://www.fda.gov/downloads/Food/FoodSafety/Product-SpecificInformation/FruitsVegetablesJuices/GuidanceComplianceRegulatoryInformation/UCM169008.pdf

BP Note on Current Level of Regulation

According to USDA, presently, there are no mandatory national food quality or safety requirements for the growing and handling of leafy green vegetables. Processing facilities, however, are subject to current good manufacturing practices as provided for in 21 CFR Part 110. USDA has quality grade standards for select leafy green vegetables (lettuce, endive, dandelion and cabbage), and offers voluntary quality related programs for fresh fruits and vegetables (Qualified Through Verification, Partners in Quality, Identity Preservation, and Domestic Origin Verification programs), as well as Good Agricultural and Good Handling Practices Audit Verification Programs.

Two Food and Drug Administration documents, linked above, provide guidelines for the fresh produce industry and leafy green supply chain. In August 2009, a third FDA document was published as draft guidelines for leafy greens. (See ITT's Online Archives or 08/04/09 and 08/24/09 news, 09080430 and 09082435, for BP summaries of the draft FDA guidance on microbial safety of leafy greens, and the extension of the comment deadline.)