Issue View | Council I | 2023 Biennial Meeting

This is a brand new Issue.

Clarify 7-204.12 (D) to separate EPA and FDA jurisdictions

We request that a modification of 7-204.12 (D) be made to clarify EPA and FDA regulatory authority

The benefits of a produce wash to control pathogenic microorganisms on the surface of produce and in the wash/crisping water compared to water treatment alone is well established in literature and EPA stamped pesticide labels.

The Environmental Protection Agency (EPA) recognizes the complexity of produce washes by stating, "The most complex area [of regulation] involves the use of antimicrobials in or on food" (EPA Pesticide Registration Manual Chapter 18). Currently, the Food and Drug Administration (FDA) has primary jurisdiction of antimicrobials used in or on processed fruits and vegetables, whereas the EPA has primary jurisdiction on antimicrobials for pre- and/or post-harvest crops, and use of antimicrobials by consumers on raw agricultural commodities.

Under these conditions, produce washes can be used on processed fruits and vegetables under FDA authority without needing to comply with 40 CFR 156. At the moment, 7-204.12 states the produce wash must meet FDA and EPA criteria, which is not true. This may inadvertently force food establishments to opt for more expensive or higher concentrated products to wash their processed fruits and vegetables.

1. A letter be sent to the FDA requesting that section 7-204.12 (D) of the most current edition of the Food Code be amended as follows (added language underlined and italicized)
   1. 7-204.14 (D) - Meet the requirements in 40 CFR 156 Labeling Requirements for Pesticide and Devices if the product is intended for use on raw agricultural commodities or to control microorganism in the wash/crisping water