Ariz. Admin. Code § R3-10-304 - Food Safety; Covered Produce; Exclusions

A. The following produce is not covered by Articles 2 through 17 of this Chapter:

1. Produce that is rarely consumed raw, specifically: asparagus, beans (such as black, great Northern, kidney, lima, navy, pinto), sugar beets (including garden roots and tops), cashew, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, dates, dill seeds and weed, eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, winter squash, sweet potatoes, and water chestnuts;

2. Produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; and

3. Produce that is not a raw agricultural commodity.

B. In addition to the exclusions provided in subsection (A), produce is eligible for exclusion if all of the following conditions are met:

1. The produce receives commercial processing that adequately reduces the presence of undesirable microorganisms of public health significance including those used for all of the following:

a. Processing in accordance with the requirements of 21 CFR 113, 114, or 120;

b. Treating with a validated process to eliminate spore-forming undesirable microorganisms, such as processing to produce tomato paste or shelf-stable tomatoes; and

c. Processing such as refining, distilling, or otherwise manufacturing or processing produce into products such as sugar, oil, spirits, wine, beer or similar products.

2. The farm discloses in documents accompanying the produce, in accordance with the practice of the trade, that the food is "not processed to adequately reduce the presence of undesirable microorganisms of public health significance."

3. The farm either:

a. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that performs the commercial processing that the customer has established and is following procedures identified in the written assurance that adequately reduce the presence of undesirable microorganisms of public health significance;

b. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that an entity in the distribution chain subsequent to the customer will perform that commercial processing and that the customer will both:

i. Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is specifically "not processed to adequately reduce the presence of undesirable microorganisms of public health significance"; and

ii. Only sell to another entity that agrees, in writing, it will either:

(1) Follow procedures identified, in a written assurance that adequately reduce the presence of undesirable microorganisms of public health significance;

(2) Obtain a similar written assurance from its customer that the above produce will receive commercial processing described in subsection (b)(i), and that there will be disclosure in documents accompanying the food, in accordance with the practice of the trade, that the food is specifically "not processed to adequately reduce the presence of undesirable microorganisms of public health significance."

4. The farm shall establish and maintain documentation of compliance with applicable requirements in subsections (B)(2) and (3) in accordance with the requirements of Article 14 of this Chapter, including both:

a. Documents containing disclosures required under subsection (B)(2); and

b. Annual written assurances obtained from customers required under subsection (B)(3).

5. The requirements of this Article and Article 4 of this Chapter apply to such produce; and

6. An entity that provides a written assurance under subsection (B)(3) shall act consistently with the assurance and document its actions taken to satisfy the written assurance.

Notes

Ariz. Admin. Code § R3-10-304

Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.