Page 76 - Fall2011

Legislative Updates

STAYING INVOLVED TO PROTECT OUR FARMS AND OUR FOOD
By Judith McGeary, Esq.

In the world of activism, there is a “power tive Controls” plan, not a HACCP plan. See
ladder.” A group or movement starts by being FSMA §103. In assessing HARPC’s, the
powerless, then moves up to being recognized, FDA should therefore look at risk reduction
at the table, able to make a deal, able to make rather than kill steps at critical points.
a deal stick and, finally, able to participate in As included in FSMA, the Tester-Hagan
governance. A group may be at different stages amendment provides that facilities that gross
of the power ladder on different issues and will under $500,000 annually and that sell more
invariably shift forward and backward over time. than half of their products directly to con-
The local foods movement as a whole is at sumers or to local restaurants and retailers
the table and has achieved some victories in mak- are not required to do a HARPC plan if they
ing deals. The problem often lies, however, in provide documentation of compliance with
making the deal stick. All too often after declar- state or local food safety laws. See FSMA
ing victory on a bill, groups become complacent, §103(l). This amendment relieves small,
only to find their hard-won deal is undone in the direct-marketing facilities from the burden
rulemaking process. of a federal HARPC plan.
WAPF was one of the organizations that There will still, however, be very impor-
fought hard for important protections for small- tant differences in scale in the facilities that
scale producers from new burdens under the are subject to the new HARPC requirement.
Food Safety Modernization Act (FSMA). And From small wholesale operations to medium-
now we have to stop the FDA from undermin- scale direct marketers, there will be numer-
Judith McGeary ing that victory in the rulemaking process. The ous facilities subject to the regulations that
is the Austin, Texas agency is just beginning the process and has are a fraction the size of the large processors
Chapter Leader,
an attorney and asked for informal comments on several specific to which almost all of the foodborne illness
small farmer in topics in preparation for proposing new rules. outbreaks have been traced. WAPF urges
Austin, and the WAPF has provided comments on issues such the FDA to include scale-sensitive consid-
Executive Director of as which facilities should be exempted as “very erations at every step of the process.
the Farm and Ranch small businesses,” how to classify low-risk fa-
Freedom Alliance. cilities, and factors that FDA should consider in The comments went on to provide concrete
She has a B.S. in prioritizing inspections and enforcement activi- recommendations of the sorts of provisions
Biology from
Stanford University ties. Most recently, WAPF provided comments that are reasonably necessary to protect food
and a J.D. from the about hazard analysis plans for facilities making safety with bone broths, raw milk cheeses, and
University of Texas traditional foods such as raw milk cheeses, bone lacto-fermented vegetables. Just as importantly,
at Austin. She and broths, and lacto-fermented vegetables. WAPF’s comments pointed out what should not
her husband be required of artisanal producers of these foods.
run a small WAPF’s comments stated: It is all too likely that FDA, based on its typical
grass-based farm industrial-food model, would consider a hazard
with sheep, cattle, The government’s approach to HACCP analysis plan inadequate if it didn’t include
horses, and poultry. (Hazard Analysis and Critical Control provisions such as stainless steel aging boards
For more
information go to Points) plans has frequently involved “kill for cheese or chlorine rinses for vegetables used
www.farmandranch- steps” such as pasteurization or irradiation. in fermentation or similarly misguided require-
freedom.org or The FSMA, however, requires a HARPC ments. WAPF’s comments put the agency on
call (512) 243-9404. (Hazard Analysis and Risk-Based Preven- notice that these provisions are both unnecessary
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