FDA Announces Produce Safety Rule Enforcement Discretion Policy for Almonds, Pulse Crops, Wine Grapes, and Hops under FSMA

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The U.S. Food and Drug Administration (FDA) has issued Guidance detailing its intent to exercise enforcement discretion for the requirements of the Produce Safety rule as they apply to entities growing, harvesting, packing, and holding almonds, pulse crops, wine grapes, and hops. FDA received feedback from these entities that they should be exempt after it issued the final Produce Safety rule, and FDA is exercising enforcement discretion while it considers pursuing rulemaking to address the challenges each of the commodities presents. Comments on the Guidance may be submitted at any time. This action is part of FDA’s continued implementation of the FDA Food Safety Modernization Act (FSMA).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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