Food Forum: Navigating the Food Safety Act

Some small, local farms are exempt from FSMA regulations, but not from litigious lawyers looking for a fresh lawsuit. By Rob Larose With the current trend to buy locally grown produce gaining so much traction at the same time food safety regulations are revving up, it seems the Food Safety Modernization Act (FSMA) and the “Buy Local” movement may be on a collision course. Can small farms stay in business when they are being pushed to ramp up their food safety measures? Will they always be considered exempt under FSMA or will regulations soon change and force them to comply? What consumer does not want their favorite grocery store to source fresh fruits and vegetables from their local farms? Fresh is best, is it not? The problem is that when these local suppliers come up against the Food Safety Modernization Act and all of its requirements, they are faced with major challenges. Many supermarket executives will point to the exemption that small farming operations are now provided by FSMA. This exemption makes parts of FSMA not applicable to small, local farmers. However, many of these smaller farming operations may be exempt from the federal regulations, but not exempt from other requirements of providing safe and contaminant-free produce to consumers. FSMA offers good guidelines for even exempt farms to follow to ensure they are providing safe produce to consumers. Since FDA reserves the right to withdraw exemptions at any time, small farms should consider implementing safe food practices as outlined by FSMA now. The smaller the farm, the less resources, manpower and knowledge they have regarding food safety. The fact that they are local and do not go through various procurement channels means that a contamination event can easily be linked to the supplier—the one and only channel from farm-to-store. Consumers are growing increasingly aware of food safety issues due to recent incidents in the news. Pathogens like Listeria and Salmonella are household names and consumers are working to protect themselves and their families from foodborne illnesses. While small-scale growers may be exempt from federal FSMA regulations, they are not protected from litigious lawyers who are looking for their next case. Food safety is a perfect legal claim for someone with even moderate legal knowledge. Procurement specialists in large chains may be forced to put food safety audit procedures in place to protect against these possible claims. Small farms will be forced to comply to continue their business partnership. When it comes to sourcing local poultry, some of the same types of issues will present themselves. Social trends are not only asking for grocery chains to provide local produce, but also meat and poultry that has been free-ranged and humanely-raised. Modern poultry practices have put production under cover because the growers have been able to control the environment in which the birds live in and help mitigate disease and risk. Free-range chickens may sound natural and holistic to the uninformed public, but they will meet a whole host of contaminants outdoors through birds, rodents, insects and domesticated animals. It would be interesting to see how industry production and procurement professionals meet the increasing demand for humanely-raised poultry and the requirements of FSMA and society’s demand for a safe and secure food source, whether it comes from a distant field or one close to home. The companies that are able to navigate these requirements will reap the benefits of both the market and societal praise and acceptance. Rob Larose is president and CEO of BioSafe Systems. He can be reached at (888) 273-3088.