New Produce Safety Rule Requirement is Now in Effect for Small Op

The New York State Department of Agriculture and Markets reminds farmers that a revised requirement under the FDA Food Safety Modernization Act (FSMA) Produce Safety Rule is now in effect for small farm operations as of April 6, 2026.  The requirement includes the need for farms that are covered by the Produce Safety Rule to complete a pre-harvest agricultural water assessment.  The water assessment will help farms identify potential food safety concerns and make risk-management decisions.

Commissioner Ball said, “The Produce Safety Rule provides our growers with a comprehensive, preventative approach to food safety on the farm.  Our growers take great care in producing food the right way and already implement many of these food safety practices, whether it be through participation in the voluntary NYS Grown & Certified program or the USDA’s Good Agricultural Practices programs.   And, while the Department has long been working with our New York farms that need to meet these requirements, we want to remind them of this new effective date and that we are here to help them as needed.”

As part of the new agricultural water assessment requirement, farms will need to consider several elements, including location and nature of the water source; water distribution system used; the degree to which the system is protected from possible sources of contamination; the type of application method; the time interval between the last direct application of agricultural water and harvest; and other elements, such as testing.  Additional information can be found here.

Dr. Betsy Bihn of the Produce Safety Alliance, Cornell University, said, “There is a free on-demand video training for growers who need information about the new agricultural water assessment requirements and we have been conducting new trainings throughout New York State to help growers learn how to minimize risks in their agricultural water.”  This information is available at the Produce Safety Alliance and National GAPs Program websites.

The Produce Safety Rule sets standards for growing, harvesting, packing, and holding of produce, and applies to covered fruits and vegetables normally consumed raw, such as apples, carrots, lettuce, onions, and tomatoes. The Produce Safety Rule does not apply to produce rarely consumed raw (such as winter squash) or produce grown for personal consumption.

The Produce Safety Rule requires that covered farms have to ensure that agricultural water that is intended to, or likely to, contact covered produce or food-contact surfaces is safe and of adequate sanitary quality. It is one of seven areas that farmers must comply with as part of the Produce Safety Rule. 

The Produce Safety Rule establishes standards for:

• Agricultural water
• Biological soil amendments of animal origin
• Health and hygiene
• Domesticated and wild animals
• Equipment, tools, and buildings
• Training
• Sprouts

Accompanying these areas are certain record-keeping requirements that document compliance with requirements, including for training, agricultural water quality systems inspection, agricultural water assessment, use of biological soil amendments of animal origin, cleaning and sanitizing practices, and any other required practices. The production of sprouts has different requirements than for other covered produce, so producers are encouraged to be aware of those differences. These practices are confirmed through an inspection conducted by the New York State Department of Agriculture and Markets.

As of today, farms that are covered by the FSMA’s Produce Safety Rule that are expected to be in compliance with the new pre-harvest agricultural water rule requirements and subject to inspections, unless they have a qualified exemption, include large farms with an average annual monetary value of produce sold during the previous three years of more than $500,000 and small farms (less than $500,000 and more than $250,000). Very small farms (less than $250,000 and more than $25,000) have until April 5, 2027 to comply with these new requirements. All farms are already subject to other Produce Safety Rule requirements, including those for harvest and post-harvest agricultural water.

The Department has been implementing the new produce safety standards as required by FSMA since it was signed into law on the federal level to encourage a proactive, preventative approach to food safety on farms.  Department staff has been conducting outreach and actively educating New York farms that are required to meet these new standards and performing the required inspections.  

Additional information on FSMA can be found on the Department's website.  Questions about this new requirement for small farm operations, or the Produce Safety Rule in general, can be directed to Steve Schirmer at (315) 487-0852 or [email protected].