Earlier this month, FDA published the draft Environmental Impact Statement ("Draft EIS") for the Proposed Rule for Standards for Growing, Harvesting, Packing, and Holding Produce for Human Consumption. The proposed produce safety rule is one of five major rules under the Food Safety Modernization Act ("FSMA") expected to be finalized this year. Issuance of an EIS is required because of the significant scope of the proposal.

The Draft EIS focuses on four provisions of the proposed rule that could significantly affect the environment: the definition of "covered farms," water quality standards, the use of raw manure and compost, and provisions affecting domesticated and wild animals. Only the water standards were found to have a potentially significant adverse environmental impact. Even so, most covered farms would not have to switch from surface water to groundwater or treat their water with chemicals because the proposal provides flexible measures allowing time for potentially dangerous microbes in agricultural water to die off. The agency plans to hold a public meeting on the draft EIS on February 10, 2015, and will accept public comments through March 13, 2015.

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