The Food Safety Modernization Act (FSMA) is federal legislation passed in 2011 and implemented by the U.S. Food and Drug Administration (FDA). This law allows FDA to focus on preventing food safety problems rather than reacting to them.
FDA has finalized several rules to implement FSMA including the Produce Safety Rule.
The Produce Safety Rule establishes, for the first time, science-based minimum standards for safely growing, harvesting, packing, and holding fruits and vegetables for human consumption.
The New Mexico Department of Agriculture (NMDA) partners with the FDA through a cooperative agreement to implement and ensure compliance with the Produce Safety Rule. Through this agreement, NMDA promotes understanding of and compliance with the requirements of the Produce Safety Rule. NMDA works with state partners to conduct grower outreach, education and technical assistance and has developed an inspection program to support enforcement of the Produce Safety Rule.
An essential element of outreach and education is identifying produce growers in the state that are covered by the rule. The Produce Safety Rule may apply to anyone who grows, harvests, packs or holds fresh produce for human consumption, including commodities commonly consumed raw, such as chile peppers, lettuce, onions, and melons.
How do I know if I am covered/exempt from the law?
FSMA Produce Safety Coverage Flow Chart (PDF)
Farms with average annual produce sales of less than $25,000 over the past three years are exempt from this law.
Produce Rarely Consumed Raw includes: asparagus; beans (black, great northern, kidney, lima, navy, pinto); garden beets (roots and tops); sugar beets; cashews; sour cherries; chickpeas; cocoa beans; coffee beans; collards; sweet corn; cranberries; dates; dill; eggplants; figs; ginger; hazelnuts; horseradish; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; winter squash; sweet potatoes; and water chestnuts.
The Qualified Exemption is for farms with average annual total food sales of less than $500,000 over the past three years where 50% or more is sold directly to consumers, restaurants, or retail stores within the state of New Mexico or within 275 miles of the farm. Qualified Exempt farms must maintain records to prove their exemption.
Upcoming PSA Grower Trainings in New Mexico
The Produce Safety Alliance Grower Training satisfies the FSMA Produce Safety Rule §112.22(c), requiring that ‘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 Food and Drug Administration.’
- Learn more about grower training courses offered in New Mexico
- See a list of all upcoming grower trainings
- Register for a training here
Additional Resources
Agricultural Water
- A tool has been designed to assist in understanding the requirements for the Agricultural Water Assessment. Agricultural Water Assessment Builder
- FSMA Produce Safety Rule Water Requirements (Focus on Harvest and Postharvest Uses)
- The Water Analysis Method Requirement in the FSMA Produce Safety Rule
- FSMA Produce Safety Rule: Agricultural Water System Inspection is Different from the Proposed Agricultural Water Assessment
- FSMA Produce Safety Rule: Documentation Requirements for Water Laboratory Analysis Results
- Food Safety for Flooded Farms
Biological Soil Amendments
- Documentation Requirements for Commercial Soil Amendment Suppliers
- Factors to Consider when Using Biological Soil Amendments of Animal Origin (BSAAO)
Equipment, Tools & Buildings
Worker Training, Health & Hygiene
Other