This will focus on irrigation, crop sprays, and frost protection water. When the original Food Safety Modernization Act (FSMA) regulation was finalized in 2016, surface irrigation water sources required 5 samples per year and an average of your last 20 samples. After much feedback from the produce industry, the FDA realized that this may not be helpful or practical. In 2017, the FDA decided to rethink the surface water requirements. In 2022, they came up with a different proposed strategy and released it for public comment. On May 2, 2024, they finalized the regulation that was proposed in 2022.
It is important to note that these changes apply to pre-harvest ag water that will contact the crop’s edible part. Water applied through drip irrigation under plastic to a crop growing above the ground is not considered ag water and is not regulated. Regulations for water used for post-harvest cooling, washing, equipment washing, and hand washing have not changed and have already gone into effect.
Instead of 5 water samples per year and a 20-sample water quality profile, the FDA has moved toward a written water system risk assessment for each farm, which will consider each farm’s unique situation.
FSMA will ask farmers to perform a Water Quality Risk Assessment for their pre-harvest water that contacts the edible portion of the crop. This primarily refers to overhead irrigation but can also include drip irrigation of ground crops normally eaten raw, such as onions, garlic, radishes, turnips, and carrots. It can also refer to water used for things like spraying or frost control.
The major risks from water are a result of its source, the timing of application, the method of application, and the surface characteristics of the crop. Surface water sources are considered higher risk than groundwater. However, some surface water sources may be considered riskier than others. For example, water from a river will likely be at a higher risk than water coming directly from a mountain stream or spring. Cisterns, ponds, and other impoundments are also considered surface water. In these cases, water tests may aid in assessing the risk of these water sources, but there is not an established number of tests that are required. Wells and municipal water sources are considered less risky than surface water.
The timing of irrigation is critical to the risk level of the water. Bacteria may die off over time from drying, sunlight, competition, and other environmental factors. Irrigation water applied weeks before harvest will be less risky than water applied the day before harvest. Water applied at planting before the edible part of the plant is formed would not be considered Ag Water.
The next area of risk to consider would be the application method. The less likely the water will contact the edible portion of the crop, the lower the risk. Drip irrigation would be less risky than overhead irrigation.
Then, consider the crop being grown. Does the vegetable or fruit have places where bacteria can hide and survive, like the net of a cantaloupe or the center of a head of lettuce or cabbage? Does it grow close to the ground, like leaf lettuce or strawberries, or does the fruit grow up off of the ground, like tree fruit or even peppers?
Adding these risks together will help determine if you comply with FSMA and what corrective actions you may need to take. A farmer may have a high-risk water source like a river, but they could pass an FSMA risk assessment if they have a low-risk irrigation method or timing or a lower-risk crop like watermelons, which doesn’t have many places for bacteria to hide.
As this regulation becomes adopted, look for tools, checklists, or decision trees to help you determine your water quality risk. Look for Extension Workshops next winter to help growers develop their Risk Assessments.
The timeline for growers to comply with this regulation is as follows.
- Growers over $500,000 in sales must comply by April 7, 2025
- Growers over $250,000 in sales must comply by April 6, 2026
- Growers under $250,000 in sales must comply by April 5, 2027
For more information on this regulation, see FSMA Final Rule on Pre-Harvest Agricultural Water or contact Jeff Stoltzfus at Penn State Extension at 717-283-2597.
