Food Safety and Liability Insurance Issues for Marketing to Institutions Kristen Markley, Community Food Security Coalition David Runsten, Community Alliance with Family Farmers Steve Warshawer, Wallace Center/National Good Food Network Glyen Holmes, New North Florida Cooperative Christy Cook, Sustainability Support Sodexo Vonda Richardson, Florida A&M University Cooperative Extension Programs Cheryl Wixson, Maine Organic Farmers and Gardeners Association Jennifer Hashley, New Entry Sustainable Farming Project This course will detail the findings of a CFSC project funded by USDA’s Risk Management Agency (RMA) regarding food safety and liability insurance barriers and possible solutions for producers marketing to local schools, colleges, and other institutions. Attendees will increase their knowledge of food safety standards developed by organizations representing limited resource farmers and learn what’s happening at the national level around food safety policies. Attendees will leave with strategies for assisting farmers in their region in developing supportive structures and collaborative solutions for meeting food safety and liability insurance requirements. Join CFSC and RMA project partners (Community Alliance with Family Farmers, Maine Organic Farmers and Gardeners Association, and New Entry Sustainable Farming Project) in exploring and strategizing creative methods for supporting farmers in addressing these challenging issues.

1. Food Safety and Liability Insurance Workshop
Notes by:
Mercedes Taylor-Puckett
Local Foods and Farmers Market Project Coordinator
Kansas Rural Center
and Kristen Markley
National Farm to Institution Program Manager
Community Food Security Coalition
Federal Government Food Safety Initiatives
(David Runsten, Community Alliance with Family Farmers)
← Senate 510, the FDA Food Safety Modernization Act
25% of Americans contract a food borne illness each year so it is a concern
Particularly a concern of insurance companies and attorneys, which is driving this
House bill introduced, National Sustainable Agriculture Coalition
Rely on to represent small farmers around country
Last year working through the senate
Could wipe out efforts on local food system
FDA is enforcement agency
Farmers see USDA as friendlier than FDA
Discovered that anybody engaged in processing is going to have most stringent rules (HACCP: mounds
of paperwork cause every point has to be documented)
If sell more than 51% direct to consumers, there is an exemption
We believe everyone needs to pay attention to food safety and have a written plan
The question is how much is this food safety plan going to consist of
The people buying the produce would like to see this plan and the insurance and put this into their file
Tester amendment voted on separately
Pay attention to Tester amendment (all producers under $500k exempted)
Asked the FDA to tell me what they are doing
Michelle Smith from FDA sent me this presentation regarding what the FDA is doing
The USDA regulates meat
FDA produce, eggs
Handout: article by Helena Bottemiller, Food CEO correspondent:
← Sanders Amendment: co-mingling and processing for small operations, either exempt or scale
appropriate if no/low risk activity.
← Without this, processing, such as maple syrup, would need a HACCP Plan (could cost $10K
to develop) (Should currently be registered under current law)

2. ← Bennet Amendment: paperwork reduction should not require hired consultants.
← Stabenow Amendment: assistance from USDA (through competitive grants) to train,
administered by NIFA
← Boxer Amendment: removes wildlife language
← Brown Amendment: traceability (produce industry dream to track produce from farm through
the distribution chain to the store). Cost estimate: $3-10K/per farm to implement and maintain.
←
← USDA AMS: Leafy Greens Marketing Agreement
← Originated from CA and AZ, marketing acts, voluntary participation. Problems with bagged salad
greens.
←
← FDA: Where do they stand on produce
← -Voluntary food safety
← -Commodity specific guidance
← Melons Oct 05
← Lettuce April 06
← Tomato....
← Comments say it must be flexible, scale appropriate...
← Include things about: land, water, workers, animals....
←
← 2009 White House Food Safety Working Group
← Science-based food safety standards for growing and packing
← 88% of illnesses occur at the end point (home, restaurant, etc...)
← FDA is trying to extend over the farm.
I think that the idea that it is back on the farm is a mistaken idea
The FDA is trying to extend over the farm
←
← Docket for Comments on Produce Regulations
← FDA-2010-N-0085
← Review
← March-May ’10 Regulations releases, comment period opened, review, then final regulation.
←
Produce Safety University: For Food Service folks, program for food service to learn about food
safety for produce, how to recognize quality produce, how to store
← Offered by USDA.
Industry Food Safety Initiatives
(Steve Warshawer, Wallace Center’s National Good Food Network)
← Difference between regulatory approach and private approach
Whenever a commercial regulation occurs, if the process remains healthy and sound, no regulation is
needed
Everyone tries to self-regulate, if this fails, the gov’t gets involved, whenever got’v gets involved usually
focused on larger industry (record keeping, etc), the orignal FDA guidance document was voluntary,
given to the industry for guidance
Once the FDA guidance was published, food buyers used it as a way to protect themselves from risk,
out of that phenomena, more and more requirements came, and third party auditing, the voluntary

3. system that’s involved
FDA can regulate anything it deems risky.
←
← GAPs originally voluntary.
← Series of other players, pushing cost back to the producer.
← Add more requirements--audit fatigue and redundancy
Food borne illnesses are not being reduced
That’s why consumer groups want govt to be involved
←
← GAP harmonization Project:
United Fresh Produce Association facilitating
← - 130 participants (including some of the biggest buyers), examined 13 private voluntary standards,
teased out the necessary points and best language.
← - got them to agree that having one standard would be a good thing
- a harmonization standard is being mined out
- technical process of developing standard has been occurring over the past year
- scale appropriate, take in the needs of product, product mix, regions, different production types,
and scale
- larger scale guys asking how this is going to affect small guys
- buyers in this group indicated that if a single standard is developed, they will use it
- document is available on-line (NGFN and United Fresh Produce Assocation)
- commitment to transparency (LGMA was not transparent)
Non-North American Approach
← Right on heels of Mad Cow, worries also about pesticide residue, UN looking into GAP (social,
economic), large buyers becoming risk adverse. Competing over food safety
← Buyer driven initially-Europe GAP (50% producers/buyers)
← Quality Management, group inspection/certification process. Small groups come together, develop
standard practices, certified together. 76% CERTIFICATIONS ISSUES ARE GROUP
APPLICATIONS
←
← Is Food Safety something to compete over?
← Steve: until a group approach is developed I can’t afford it. Until my buyers require it, I can avoid it.
←
← Global GAP=Group Approach
Created a group certification process
Designed to allow producers to come together and be audited as a group rather than individually, peer
pressure system
72% of GLOBAL GAP certified are groups
← Group Level: shared practices are established (handwash, glove, etc... policy) Certifier relies on
group to self-regulate--current GAPs are one farm, one field, one inspection
← Group peer pressure/peer inspection
Through group approach doesn’t go to every farm, rely on system to self-regulate, in Europe that works,
I have yet to find a farmer in the US who will tolerate it, so without buyer acceptance a group approach
is useless
- buyers don’t trust the system unless an auditor has been to every farm
- NSF is GLOBAL GAP approved
Fresh Point: part of Cisco

4. ←
Steve: Thing to remember is that no matter what the legislation is, the buyers can impose whatever
standards they want (raise the bar)
Difference between competitive food safety: Those with the most money will get the safest food and
those with the least resources will be left with the bottom on the food safety scale.
Example of competitiveness, Chiquita and the e coli washing of greens
Food Safety and Liability Insurance Requirements of Institutions
School Food Service perspective: Glyen Holmes, New North Florida Cooperative and Vonda
Richardson, Florida A&M University Cooperative Extension Programs
Practical Application of Food Safety
Glyen: worked w/schools since 1995
Vonda: See myself being pulled into food safety because buyers are asking to it
We’ve had to make some adjustments in selling to local schools
Farmers are going to need to be very proactive in dealing with these issues
My job as an educator is to equip you (the farmer) with this information
We process products of small farmers and distribute to small schools, schools assume that if you are in
business you have certain things in place
We are inspected by local and state health dept, $2 million product liability insurance,
FDA came for an unexpected visit, 2 day visit (3 years ago)
Most food service directors didn’t know about GAP, now asking if we have GAP
Grocery stores still not asking but asking for traceability
College Food Service perspective: Christy Cook, Sustainability Support, Sodexho
Looking for farmers to work through Sodexho approved distributors (don’t usually have to be GAP
certified but determined by distributor, they also determine liability insurance)
- We don’t generally buy direct from producers
- We put in our contract language that we are requiring distributors to work with local farmers
- Because of our language in the contracts with distributors, some of them have hired ‘foragers’
- Duck Delivery produce
o First distributor certified by Food Alliance
Fresh Point San Francisco
- One of the largest distributors of local produce that we work with
- What I think is important is the transparency of the process: Fresh Point has a tracking system
Working with local non-profits works best to help locate and educate
A coop can become a distributor, yes,
- same requirements as a Sodexho approved distributor
Sodexho has created a list of sustainable goals
- We just agreed on our targets
Sodexho is probably one of the strictest food service management in terms of food safety
←

5. ← www.farmtocollege.org go to Search page to find who is operating under certain food service
management companies

6. ← www.farmtocollege.org go to Search page to find who is operating under certain food service
management companies