Food Safety; Covered Produce; Exclusions

R3-10-304. Food Safety; Covered Produce; Exclusions A. The following produce isnotcovered by Articles 2 through 17: aspara- 1. Produce that is rarely consumed raw, specifically: gus, beans (such as black, great Northern, kidney, lima, navy, pinto), sugar beets (including garden roots and cof- tops), cashew, sour cherries, chickpeas, cocoa beans, fee beans, collards, sweet corn, cranberries, dates, dill seeds and weed, eggplants, figs, ginger, hazelnuts, horsepota- radish, lentils, okra, peanuts, pecans, peppermint, toes, pumpkins, winter squash, sweet potatoes, and waterchestnuts; 2. Produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; and 3. Produce that is not arawagriculturalcommodity. B. In addition to the exclusions provided in subsection (A), produce is eligible for exclusion if all of the following conditions are met: 1. The produce receives commercial processing that adequately reduces the presence of undesirable microorganisms of public health significance including those used for all of the following: a. Processing in accordance with the requirements of 21 CFR 113, 114, or 120; b. Treating with a validated process to eliminate sporeforming undesirable microorganisms, such as processing to produce tomato paste or shelf-stable tomatoes; and c. Processing such as refining, distilling, or otherwise manufacturing or processing produce into products such as sugar, oil, spirits, wine, beer or similar products. pro- 2. The farm disclosesin documents accompanying the duce, in accordance with the practice of the trade, that the food is “not processed to adequately reduce the presence signifi- of undesirable microorganisms of public health cance.” 3. The farm either: a. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that performs the commercial processingthat the proce- customer has established and is following dures identified in the written assurance that adequately reduce the presence of undesirable microorganisms of public health significance; September 30, 2021 Supp. Administrative Code Title 3 - CITRUS FRUIT AND VEGETABLE DIVISION b. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that an entity in the distribution chain subsequent to the customer will perform that commercial processing and that the customer will both: i. Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is specifically “not processed to adequately reduce the presence of undesirable microorganisms of public health significance;” and writ- ii. Only sell to another entity that agrees, in ing, it will either: (1) Follow procedures identified, in a written pres- assurance that adequately reduce the ence of undesirable microorganisms of public health significance; (2) Obtain a similar written assurance from its customer that the above produce will receive commercial processing described insubsection (B)(3)(b)(i), and that there will be disclosure in documents accompanying the food, in accordance with the spe- practice of the trade, that the food is cifically “not processed to adequately reduce the presence of undesirable microorganisms of public health significance.” 4. The farm shall establish and maintain documentation of compliance with applicable requirements in subsections (B)(2) and (3) in accordance with the requirements of Article 14, including both: a. Documents containing disclosures required under subsection (B)(2); and b. Annual written assurances obtained from customers required under subsection (B)(3). 5. The requirements of this Article and Article 4 apply to such produce; and 6. An entity that provides a written assurance under subsection (B)(3) shall act consistently with the assurance and document its actions taken to satisfy the written assurance. Historical Note New Section made by exempt rulemaking at 26 A.A.R. 681, effective August 19, 2019; filed in the Office March 27, 2020 (Supp. 20-1).