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Frequently Asked Questions
What is the purpose?A national leafy greens marketing agreement empowers leafy greens handlers across the United States to work together to enhance the marketability of fresh leafy green vegetables by:
Isn’t FDA going to regulate the produce industry?It is clearly recognized by the produce industry that FDA has regulatory primacy over produce commodities including fresh leafy greens from farm to fork. This proposal is not intended to erode that primacy in any way but rather to allow industry to collaborate with FDA, USDA and state governments to develop a program that meets the needs of all parties. In addition, any best practices adopted by the marketing agreement should be based on FDA guidance or standards that would be issued by FDA. This would allow for continued uniformity throughout the production, handling, processing, and distribution of leafy greens. Who is eligible?Handlers are eligible to participate in the national leafy greens marketing agreement. A handler is defined as any person that receives, acquires, sells, processes, ships, distributes, or imports leafy green vegetables in their natural form, including both raw agricultural commodities and fresh cut, packaged products. A handler does not include a retailer, a foodservice distributor or outlet, or a fresh produce broker. What leafy green vegetables are included and why?Fresh mature and immature leafy portions of any of the following: arugula, cabbage (red, green and savoy), chard, cilantro, endive), escarole, kale, lettuce (iceberg, leaf, butterhead and romaine), parsley, raddichio, spinach, spring mix (baby leaf items including, but not limited to, cress, dandelion, endigia, mache, mizuna, tat soi, winter purslane) or any other leafy green vegetable recommended by the Committee and approved by the Secretary. These products are included because they are commonly sold and consumed as fresh leafy greens either individually, in a package or as part of a salad blend. How will the “metrics” affect my operation?The “metrics” are the auditable portions of any GAPs, GHPs and/or GMPs established by the national marketing agreement. Each handler and associated producers who supply that handler will be inspected using metrics to verify their compliance with the agreement. These “metrics” are not yet developed but they are to be based on the FDA and USDA “Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables”. This document has been the foundation of food safety programs in the US and beyond for over a decade. GMPs are already established by law (21 CFR 110) and outlined in FDA’s “Guide to Minimize Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables”.
What about product from other countries?The national marketing agreement will allow handlers who import product from other countries to voluntarily join in the benefits of the agreement. These products will be held to the same requirements and these handlers will have to have their foreign suppliers audited by USDA inspectors to maintain their good standing. How are various leafy green production regions represented?The United States has been divided into five zones for purposes of establishing an administrative body for the national marketing agreement. Each zone has an allocation of at least 2 handlers and 1 producer representative along with their alternates to serve on the administrative committee. No individual state or zone has a majority position on the administrative committee. The Secretary will appoint the first administrative committee based on recommendations from the industry and will look to equitably balance regional interests. Doesn’t FDA already regulate manufacturing operations by requiring GMPs?GMPs are already established by law (21 CFR 110) and outlined in FDA’s “Guide to Minimize Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables”. FDA inspects processors to ensure compliance with the law. The national marketing agreement gives the committee discretion to develop additional “metrics” if they deem it appropriate and to utilize USDA inspectors to verify compliance with GMPs adopted by the committee. This can increase the frequency of inspection and enhance FDA oversight and goals. Violations of law would be communicated by USDA to FDA for enforcement purposes. The 'metrics' required for the California and Arizona's leafy green programs are not feasible in my area?Surprisingly, California and Arizona “metrics” have proven feasible in very diverse production environments by a wide variety of different size operations. That said, they are not appropriate in every area and must be modified to address unique risks presented in different regions as well as varying production practices across the country. The “metrics” associated with the national marketing agreement are yet to be developed and while it is reasonable to assume that they will be informed by those already in place in state programs such as California and Arizona it is the Technical Review Board established by the national marketing agreement administrative committee that will be charged with developing metrics that are tailored to address varying risks, production practices and environments. Why does the Secretary have so much authority?Public Act No. 10, 73d Congress (May 12, 1933), as amended and as re-enacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.) is a construct of federal law administered by the United States Department of Agriculture. The US Secretary of Agriculture is responsible for all aspects of USDA authority and jurisdiction. As such, all the responsibility for the national marketing agreement rests with him. In practical terms, the Secretary works collaboratively in these programs to affect the goals of the industry. This in turn gives the administrative committee, technical review board, market review board and the larger industry a large voice in the operation of the national agreement What about small farmers?Many small farms and handlers have expressed an interest in participating in the national marketing agreement. Two producer seats on the marketing committee have been allocated to small producers. It is the desire of the proponent group to ensure that GAPs, GHPs and GMPs that are adopted by the marketing agreement are accessible and scalable to all operations. How long will it take to implement?Proponents are requesting hearings in September of 2009 with the hopes that the national marketing agreement could be approved and an administrative structure in place by the end of the first quarter of 2010. Work on GAPs, GHPs and GMPs would begin as soon as the structure is in place. If I am in California or Arizona, will I have to pay two assessments now for state and national marketing agreements?NO - The national marketing agreement will allow for collaboration with state agreements through memoranda of understanding. In the short term it may be appropriate to rely on existing state programs and these MOUs would be written to ensure no double assessments take place. Longer term it is expected that the national program would replace state programs. Why aren’t small operations exempt?Since this is a voluntary program, exemptions are not necessary. No grower will be required to participate unless their 'handler' customer voluntarily signs the agreement. What happens if I choose not to participate?The national marketing agreement is a voluntary program. That said, those parties who do not participate will not enjoy the benefits of the program which may include market preference both domestically and internationally. |
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