The Senate recently passed the Food Safety Modernization Act, and we have been receiving a lot of questions from Minnesotans who are concerned about how this impact of this legislation on small farms. Farming and agriculture are incredibly important to Minnesota, so we made certain to include exemptions for small farms and small facilities from increased FDA regulation to ensure that they’ll be able to continue operating as they always have.  Below is a fact sheet that clears up some of the rumors about the bill.

Food Safety Modernization Act (S. 510): Frequently Asked Questions/Myths

Will the Food Safety Bill outlaw home gardens and family farms?

NO. The Food Safety Bill does not outlaw home gardens or family farms. In fact, the bill explicitly states that the produce standards “shall not apply to produce that is produced by an individual for personal consumption.” In addition, the bill also contains an exemption from regulations for small facilities and small farms, which was purposefully included to protect America‟s family farms. This includes food sold through farmers‟ markets, bake sales, road side stands, public events, community supported agriculture, and organizational fundraisers.

Will the Food Safety Bill criminalize seed savings?

NO. The Food Safety Bill does not create any new rules in regard to the practice of saving seeds for use from year to year, and does not outlaw, criminalize, or require any specific agricultural or growing practice.

Will the Food Safety Bill outlaw traditional organic growing methods?

NO. Section 105 of S.510 explicitly states that new produce safety standards cannot “include any requirements that conflict with or duplicate the requirements of the national organic program.”

Will the Food Safety Bill bring everyone who grows any food under the jurisdiction of the Department of Homeland Security?

NO. The Food Safety Bill maintains the same food safety jurisdiction that exists under current law.

Will the Food Safety Bill include new recordkeeping requirements for farms?

NO. The Food Safety Bill does not require that farms keep any new food safety-related records.

 Will the Food Safety Bill charge farms and small businesses new registration fees?

NO. The Food Safety Bill does not charge registration fees of any kind.

Will the Food Safety Bill imprison people who sell raw milk?

NO. The Food Safety Bill does not establish any restrictions on the sale of raw milk. The bill merely directs the FDA to review existing regulatory hazard analysis and preventive control programs in existence, such as the Grade „A‟ Pasteurized Milk Ordinance, before creating any new hazard analysis and preventive control rules.

Will the Food Safety Bill require American food producers or farmers to be subject to WHO rules, UN food safety standards, or Codex Alimentarius?

NO. The Food Safety Bill requires the FDA to come up with a plan to work with foreign countries that import food into the United States to ensure that Americans who purchase imported products can be assured of their safety, but does not require the adoption of any international standards. The bill also explicitly clarifies that dietary supplements remain subject to U.S. jurisdiction, not the Codex Alimenatrius.

Will the Food Safety Bill require farms and more facilities to register with the FDA?

NO. Under the Bioterrorism Act of 2002, certain food businesses were considered “facilities” and had to register with FDA. Farms and restaurants were exempted. This definition is not changed in S. 510. If an entity does not need to register now, it will not need to register under S. 510.

Will the Food Safety Bill give the FDA new authority to inspect farms?

NO. The Food Safety Bill increases inspections for registered food facilities but does not change FDA‟s jurisdiction over farms.