# Legislation: FDA Food Safety Modernization Act



## kstaven (Aug 29, 2011)

For those of you who haven't read the post regarding legislative and regulation discussion on BYH READ THIS FIRST http://www.backyardherds.com/forum/viewtopic.php?pid=148372#p148372


http://www.gpo.gov/fdsys/pkg/PLAW-111publ353/html/PLAW-111publ353.htm

Interesting to note that a C.S.A. is now classed as a "retail food establishment" and thus loses exemptions that a farm would have under this act.

From the act:

[[Page 124 STAT. 3889]]


<<NOTE: 21 USC 350d note.>>  Clarification of Intent.--
            (1) Retail food establishment.--The Secretary shall amend 
        the definition of the term ``retail food establishment'' in 
        section in 1.227(b)(11) of title 21, Code of Federal Regulations 
        to clarify that, in determining the primary function of an 
        establishment or a retail food establishment under such section, 
        the sale of food products directly to consumers by such 
        establishment and the sale of food directly to consumers by such 
        retail food establishment include--
                    (A) the sale of such food products or food directly 
                to consumers by such establishment at a roadside stand 
                or farmers' market where such stand or market is located 
                other than where the food was manufactured or processed;
                    (B) the sale and distribution of such food through a 
                community supported agriculture program; and
                    (C) the sale and distribution of such food at any 
                other such direct sales platform as determined by the 
                Secretary.
            (2) Definitions.--For purposes of paragraph (1)--
                    (A) the term ``community supported agriculture 
                program'' has the same meaning given the term 
                ``community supported agriculture (CSA) program'' in 
                section 249.2 of title 7, Code of Federal Regulations 
                (or any successor regulation); and
                    (B) the term ``consumer'' does not include a 
                business.


----------



## Ms. Research (Aug 29, 2011)

Thanks for posting this.

*(B) the sale and distribution of such food through a
                community supported agriculture program*

In the State of New Jersey, Camden County is getting involved in setting up Non-Profit Garden patches in Camden.  Also, counties are getting involved in their own "farmer markets".  Gloucester Twp, the town I live in, is trying to set up their own "Community Garden" where residents come and have their own section of garden to grow.  

I guess since the Governments are getting involved in Growing and selling food through Non-profits, this had to be ammended?


----------



## elevan (Aug 29, 2011)

*(C) the sale and distribution of such food at any
                other such direct sales platform as determined by the
                Secretary.*

I am kind of concerned that this would reach to include farmer's markets.  Ohio has pretty good regulations in effect regarding farmer's markets already and some counties go even further requiring food safety classes before they begin too.  But if those people have their little booth labeled as a retail establishment then I'm sure we'll lose a lot of selection at our farmer's markets.

And I don't like when they leave things open ended like _as determined by the Secretary_, it allows one person's whim to color the law.


----------

