Arizona Administrative Code
Title 3 - AGRICULTURE
Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION
Article 3 - PRODUCE SAFETY GENERAL PROVISIONS
Section R3-10-304 - Food Safety; Covered Produce; Exclusions
Universal Citation: AZ Admin Code R 3-10-304
Current through Register Vol. 30, No. 38, September 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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