Lorraine Merrill characterized the Food and Drug Administration’s Food Safety Modernization Act, enacted in 2011, this way: “It’s kind of like Congress is a 5-year-old in a candy store with a credit card.”
Merrill, the commissioner of the state Department of Agriculture, Markets and Food, is not the only one getting federal regulatory headaches. She was joined by agriculture and health officials at a recent House Environment and Agriculture Committee meeting. The officials are trying to get a handle on what’s to come as the act continues to roll out.
“The impact on our farmers is going to be really big,” said Rep. Tara Sad, a Walpole Democrat.
The biggest concern is the produce safety rule, which requires farms to undergo new hygiene training, frequent water testing and sanitation of tools, equipment and buildings.
The rule applies to all produce farms that sell more than $25,000 of food per year. Many farms selling under $500,000 of food per year can be exempt from the rule, provided a majority of their sales go directly to consumers, restaurants and stores within 275 miles of the farm. Yet exempt farms still have to keep records and label their produce indicating the exemption.
The UNH Cooperative Extension estimated about 30 New Hampshire farms will have no choice but to comply with the full rules. Estimated costs to the farms range from $4,500 up to $29,500.
Roger Noonan, a New Boston farmer and New Hampshire Farm Bureau member, said the new rules are especially unlikable because they add no value to farm products that otherwise benefit from “organic” or “Good Agricultural Practices” certification.
“The minimum food safety standards – that is not going to be on anyone’s business cards,” Noonan said.
He also said he hasn’t seen any evidence New Hampshire has food safety issues to begin with.
But rules have their reasons.
“Produce in this country is very unregulated as of now,” said Colleen Smith, chief of the Bureau of Environmental Health at the Department of Health and Human Services. “There’s a lot of infrastructure that has to be built around it.”
The cost to the state is unclear at this point, said State Veterinarian Steve Crawford, but the FDA is making some money available.
“You are looking at creating a brand-new state program here,” he said
A federal grant for up to $300,000 per year for five years will fund infrastructure, education, technical assistance and inventory to help states come into compliance.
A second aspect of that grant is offering money for the inspection, compliance and enforcement program.
And, like other federal programs, the money isn’t guaranteed forever.
“They only have money for two years,” Crawford said. “That’s perhaps not atypical for funding federal programs. They’re looking for support and lobbying.”
Produce safety is just one aspect of the Food Safety Modernization Act, or FSMA, which is a comprehensive reform of food safety laws.
“This is the first of potentially seven programs the state will have to take on,” Crawford said.
Rep. Alexis Simpson, an Exeter Democrat, said she thought the agricultural community would want to work with state, not federal, officials when it comes to enforcing the act.
“I think we might get pushback as a state if we can’t fund it,” she said. “I think farmers want to be involved . . . with people they know.”
Seth Wilner, a UNH Cooperative Extension field specialist, said New Hampshire is ahead of the game with its task force. “The bad news is FSMA,” he said. “The good news is we have a fabulous collaboration that got together four years back.”
At the House committee meeting, legislators asked if any immediate action was needed for the produce safety rule. Not yet, but stay tuned, they were told.
“The mud has been cleared somewhat, but there are still many questions,” Merrill said. “We’re just going to be needing to work together closely. It’s imperative that the state begins dealing with this to make sure our farmers have the opportunities they need to sell their produce.”
Rep. Raymond Howard, an Alton Republican, wondered whether the same rules would be applied to foreign food imported to the U.S.
“I was just wondering how big the can of worms was,” Howard said.
(Elodie Reed can be reached at 369-3306, ereed@cmonitor.com or on Twitter @elodie_reed.)