Role of FDA and USDA

As proponents of a leafy greens marketing agreement, we clearly recognize the primacy of FDA as the public health agency with responsibility and regulatory authority for ensuring the safety of fresh produce. We have discussed the concept of an agreement with FDA and assured them that any best practices implemented under such an agreement would be based on FDA’s “Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables” or any regulation it issues for produce and leafy greens specifically and that we would require direct consultation with FDA in the development of metrics to assure that result.

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.) provides the authority for the USDA to implement and oversee a national leafy greens marketing agreement. USDA is charged with providing the oversight of industry in the operation and implementation of the agreement as well as providing inspection services fundamental to verification of GAPs, GHPs and GMPs adopted by the program.