Food Safety Regulations for Leafy Greens Under the Agricultural Marketing Agreement Act of 1937 (AMAA)

3 December 2007 Docket Clerk, Marketing Order Administration Branch Fruit and Vegetable Programs, AMS, USDA 1400 Independence Avenue SW, Stop 0237 Washington, DC 20250-0237 Delivered via internet: www.regulations.gov RE: Docket No. AMS-FV-07-0900; FV07-962-1 AN Dear Administrator: Defenders of Wildlife appreciates this opportunity to comment on the Agricultural Marketing Service?s Advance Notice of Proposed Rulemaking on Handling Regulations for Leafy Greens under the Agricultural Marketing Agreement Act of 1937 (Docket No. AMS-FV-07-0090; 72 FR 56678-80). Defenders recognizes the paramount importance of maintaining a safe and healthy food supply, and in particular, the need for measures to reduce contamination of leafy greens by pathogens such as Escherichia coli O157:H7 (pathogenic E. coli). It is imperative, however, that any measures to reduce contamination focus both on the origin of pathogenic E. coli, in particular fecal material from livestock, and also on handling practices that allow spread of contamination, as well as on contamination that might occur during production. It is also critical that these measures do not result in widespread negative environmental and wildlife consequences, as have been foreshadowed by actions undertaken recently by producers in response to the California Leafy Greens Products Handler Marketing agreement. The federal register notice states that investigations ?concluded that the E. coli contamination might have been attributed to environmental factors in the production area? (72 FR 56679) and AMS indicates ?industry interest? in rectifying the problem through ?establishment of a marketing program,? either a marketing agreement or a marketing order, ?intended to maintain the quality of leafy green commodities by reducing the risk of pathogenic contamination during their production and handling? (72 FR 56678). We urge the USDA not to put forth a program that would allow handlers to put most of the responsibility for preventing contamination on the producers. As will be described in more detail below, the California Leafy Green Products Handler Marketing Agreement, implemented in response to the September 2006 outbreak of pathogenic E. coli, has resulted in removal of conservation practices that are of critical importance for maintaining wildlife habitat and water quality. Thus, actions required by the Agreement could lead to a significant degradation of environmental quality and hamper California?s efforts to meet its water quality and wildlife habitat goals. Furthermore, because the California Leafy Green Products Handler Marketing Agreement does not address either the role of livestock manure handling in the genesis and spread of pathogenic E. coli, or the washing, cutting and bagging process in facilitating widespread contamination, the Agreement may not achieve its goal of improving food safety. Defenders opposes adoption of a federal marketing agreement patterned after the California Leafy Green Products Handler Marketing agreement, because such a system has a high likelihood of yielding widespread negative environmental and wildlife consequences, while providing only a limited measure of increased food safety. Defenders strongly urges USDA to give increased weight to considerations of livestock manure handling and processor handling in any efforts to increase the safety of consumers of leafy greens. We will focus our comments on two of the questions posed by the ANPR, question (8) and question (12). (8) Which specific leafy green commodities should be included under the program?s handling recommendations? The evidence to date indicates that the products with the highest potential to pose a health risk are bagged, processed products, such as ?ready-to-eat? spinach and salad mixes; therefore these products should be the focus of any recommendations. Community Alliance With Family Farmers has compiled FDA data on E. coli outbreaks a…

3 December 2007 Docket Clerk, Marketing Order Administration Branch Fruit and Vegetable Programs, AMS, USDA 1400 Independence Avenue SW, Stop 0237 Washington, DC 20250-0237 Delivered via internet: www.regulations.gov RE: Docket No. AMS-FV-07-0900; FV07-962-1 AN Dear Administrator: Defenders of Wildlife appreciates this opportunity to comment on the Agricultural Marketing Service?s Advance Notice of Proposed Rulemaking on Handling Regulations for Leafy Greens under the Agricultural Marketing Agreement Act of 1937 (Docket No. AMS-FV-07-0090; 72 FR 56678-80). Defenders recognizes the paramount importance of maintaining a safe and healthy food supply, and in particular, the need for measures to reduce contamination of leafy greens by pathogens such as Escherichia coli O157:H7 (pathogenic E. coli). It is imperative, however, that any measures to reduce contamination focus both on the origin of pathogenic E. coli, in particular fecal material from livestock, and also on handling practices that allow spread of contamination, as well as on contamination that might occur during production. It is also critical that these measures do not result in widespread negative environmental and wildlife consequences, as have been foreshadowed by actions undertaken recently by producers in response to the California Leafy Greens Products Handler Marketing agreement. The federal register notice states that investigations ?concluded that the E. coli contamination might have been attributed to environmental factors in the production area? (72 FR 56679) and AMS indicates ?industry interest? in rectifying the problem through ?establishment of a marketing program,? either a marketing agreement or a marketing order, ?intended to maintain the quality of leafy green commodities by reducing the risk of pathogenic contamination during their production and handling? (72 FR 56678). We urge the USDA not to put forth a program that would allow handlers to put most of the responsibility for preventing contamination on the producers. As will be described in more detail below, the California Leafy Green Products Handler Marketing Agreement, implemented in response to the September 2006 outbreak of pathogenic E. coli, has resulted in removal of conservation practices that are of critical importance for maintaining wildlife habitat and water quality. Thus, actions required by the Agreement could lead to a significant degradation of environmental quality and hamper California?s efforts to meet its water quality and wildlife habitat goals. Furthermore, because the California Leafy Green Products Handler Marketing Agreement does not address either the role of livestock manure handling in the genesis and spread of pathogenic E. coli, or the washing, cutting and bagging process in facilitating widespread contamination, the Agreement may not achieve its goal of improving food safety. Defenders opposes adoption of a federal marketing agreement patterned after the California Leafy Green Products Handler Marketing agreement, because such a system has a high likelihood of yielding widespread negative environmental and wildlife consequences, while providing only a limited measure of increased food safety. Defenders strongly urges USDA to give increased weight to considerations of livestock manure handling and processor handling in any efforts to increase the safety of consumers of leafy greens. We will focus our comments on two of the questions posed by the ANPR, question (8) and question (12). (8) Which specific leafy green commodities should be included under the program?s handling recommendations? The evidence to date indicates that the products with the highest potential to pose a health risk are bagged, processed products, such as ?ready-to-eat? spinach and salad mixes; therefore these products should be the focus of any recommendations. Community Alliance With Family Farmers has compiled FDA data on E. coli outbreaks a…