CHAPTER Agr 3900 PRODUCE
SAFETY FARM INSPECTIONS
PART Agr 3901 FARM
INSPECTONS
Agr
3901.01 Purpose. These rules implement the procedures of the
department of agriculture, markets and food, pursuant to RSA 426-A:6 for the
inspection of farms engaged in covered activities including the growing,
harvesting, packing, and holding of covered produce in accordance with the Food
Safety Modernization Act, 21 C.F.R. Part 112, 2016.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.02 Scope. These rules shall apply to any farm that
engages in covered activities including growing, harvesting, packing,
and holding of covered produce that is a raw agriculture commodity pursuant to
the Food Safety Modernization Act, 21 C.F.R. Part 112, Subpart A General
Provisions.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.03 Definitions. As used in these rules, the following terms
shall have the meanings indicated:
(a)
“Commissioner” means the commissioner of the department of agriculture,
markets, and food of the state of New Hampshire;
(b) “Covered activity” means “covered
activity” as defined in 21 C.F.R. Part 112.3, 2016;
(c) “Covered produce” means “covered
produce” as defined in 21 C.F.R. Part
112.3, 2016;
(d) “Department” means the New
Hampshire department of agriculture, markets, and food;
(e) “Egregious condition” means
a practice, condition, or situation on a farm or in a packing house that is
reasonably likely to lead to:
(1) Serious adverse health consequences or death
from the consumption of or exposure to covered produce; or
(2) An imminent public health hazard if
corrective action is not taken immediately; and
(f) “Farm” means “farm” as defined in RSA
426-A:1, III.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.04 Produce Safety Practices. The owner or operator of a farm shall comply
with 21 C.F.R. Part 112, 2016, “Standards for the Growing, Harvesting, Packing,
and Holding of Produce for Human Consumption” of the Food and Drug
Administration.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.05 Inspections.
(a)
The department shall conduct farm inspections pursuant to RSA 426-A:4.
(b) Initial inspections shall be
conducted:
(1) On farms whose farming practices include
covered activity as defined in 21 C.F.R. Part 112.3, 2016;
(2) As the first regulatory inspection
activity to evaluate compliance with applicable regulations;
(3) With
a focus on education unless
egregious conditions are observed; and
(4) When covered produce is
being grown, harvested, packed, or held for distribution.
(c)
Routine inspections
shall be conducted:
(1) On farms whose farming practices include
covered activity as defined in 21 C.F.R. Part 112.3, 2016;
(2) When covered produce is being grown, harvested,
packed, and held for distribution; and
(3) Once every 3 years on or after the date of
initial inspection.
(d) Follow-up inspections
shall be conducted:
(1) To review
changes in farming practices, or recordkeeping, on a farm, when noncompliance
was noted during a routine inspection; and
(2) Within 30 days from the date received, of a
written notification to the farm.
(e) For-cause inspections shall be conducted in
response to a specific issue or produce safety concern, such as an outbreak,
reported complaint, or recall.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.06 Recordkeeping. The owner or operator of a farm shall maintain
records as stated in Subpart O-Records, in 21 C.F.R. Part 112, 2016, “Standards
for the Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption” of the Food and Drug Administration.
Source. #12822, eff 7-3-19; ss by #13131, eff
11-18-20
Agr
3901.07 Enforcement. The commissioner shall enforce the
requirements of these rules when inspection findings cite non-compliances with
any part of 21 C.F.R. Part 112, 2016, “Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption” of the Food and Drug
Administration.
Source. #13131, eff 11-18-20
Agr
3901.08 Compliance.
(a) Failure to comply with the requirements of 21
C.F.R. Part 112, shall result in issuance of written notice of non-compliance
which includes the following:
(1) A description of each noncompliance;
(2) The facts upon which the notification of
noncompliance is based; and
(3) The date by which the farm must rebut or
correct each noncompliance and submit supporting documentation of each such
correction when correction is possible.
(b) Each response to such notification shall be
sent to the recipient's place of business via a delivery service which provides dated return
receipts.
(c)
When a farm demonstrates that each noncompliance has been resolved, the
commissioner shall send a written notification of noncompliance resolution.
Source. #13131, eff 11-18-20
Agr 3901.09 Stop Sale, Use or Removal
Orders.
(a)
When
the commissioner, or his agents, believe farm products are being distributed in
violation of the rules, the commissioner or agent shall
issue and serve a written "stop sale, use or removal" order upon the
owner or custodian of any such farm products.
(b) The farm products shall not be sold, used, or
removed until the provisions of these rules have been complied with.
(c) Farm products shall be released by the commissioner
once the violation has been corrected as provided for in these rules, or by an
order of a court of competent jurisdiction.
Source. #13131, eff 11-18-20
APPENDIX A
Rule |
Specific State Statute the Rule Implements |
Agr 3900 |
RSA
426-A:6; 21 U.S.C. 301 et seq.; and 21 CFR 112 |
(Specific
rules implementing specific statutes are listed below) |
|
Agr 3901.03 |
RSA
426-A:1 |
Agr 3901.04 |
RSA
426-A:2 |
Agr 3901.05 |
RSA
426-A:4 |
Agr 3901.06 |
RSA
426-A:5 |
Agr 3901.07 |
RSA
426.A:2 |
Agr 3901.08 |
RSA
426:A:2 |
Agr 3901.09 |
RSA
426:A:4(b)II |
APPENDIX B: Incorporated by Reference
Rule |
Title |
Obtained at: |
Agr 3901.04 |
Food
Safety Modernization Act, 21 C.F.R. Part 112, 2016, Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human Consumption”
of the Food and Drug Administration. |
Online: https://www.fda.gov/Food/GuidanceRegulation/FSMA |