New FDA rule requires water testing on produce farms to prevent contamination

By Jamie Martin

The Food and Drug Administration (FDA) has introduced a new food safety rule requiring produce farms to test their water for contamination. This long-awaited rule aims to prevent harmful bacteria from entering the nation’s supply of fruits and vegetables. Published on May 6, the rule replaces the pre-harvest water quality criteria and testing requirements set in 2015, adopting a systems-based approach to identify and mitigate potential contamination risks.

This rule, anticipated for over a decade, addresses the increasing rates of food recalls and foodborne illnesses. Previously, farms were not required to test water for pathogens, even though contaminated water was a significant factor in outbreaks. For example, a major E. coli outbreak in 2018 linked to romaine lettuce was traced to a contaminated irrigation canal in Yuma County.

Under the new rule, produce farmers must conduct annual agricultural water assessments, considering factors like water system, water use practices, crop characteristics, environmental conditions, and potential impacts from nearby land. Based on these assessments, farmers must implement effective mitigation steps if contamination risks are identified. These requirements apply to all produce farmers except those growing sprouts.

The rule also amends the 2015 Food Safety Modernization Act (FSMA) final rule on produce safety. Initially, water testing requirements were postponed to 2018, but the updated rule now has staggered compliance dates based on farm size. Very small farms have until April 2027 to comply, small farms until April 2026, and all other farms until April 2025.

Reactions to the new rule have been mixed. Supporters praise it for being more risk-based, flexible, and holistic compared to the 2015 requirements. Critics, however, find it complex and challenging to enforce. The National Sustainable Agriculture Coalition has welcomed the rule, highlighting its improved understanding of risk prevention and public health.

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