Western Agricultural Processors Association Food Safety Regulations FSMA Truck Rule ARB

1. Newsletter of the Western Agricultural Processors Association
January 2014
Industry Calendar
January 10
Walnut Show—
Yuba City
February 17 -19
Pistachio Conference
—San Diego
February 20 -21
Walnut Board Mtg.—
Napa
WAPA Staff
Roger A. Isom
President / CEO
roger@agprocessors.org
Casey D. Creamer
Vice President
casey@agprocessors.org
Aimee Brooks
Director of Regulatory Affairs
aimee@agprocessors.org
Elda Brueggemann
Director of Environmental
& Safety Services
elda@agprocessors.org
Irma Ramirez
Safety Assistant
irma@agprocessors.org
Shana Colby
Administrative Assistant
shana@agprocessors.org
WAPA Office
1785 N. Fine Avenue
Fresno, CA 93727
P: (559) 455-9272
F: (559) 251-4471
Processors
Monthly
Volume 6, Issue 1
Refrigerant Management Program Deadline is
March 1, 2014
The deadline for registration is approaching for
facilities with refrigeration systems using high
global warming potential refrigerants that have
a full charge of at least 200
pounds and less than 2,000
pounds. These are designated as "medium-sized"
systems under a California
state regulation to minimize leaks of environmentally harmful refrigerants.
Companies must register their refrigeration
system with the California Air Resources Board
(ARB) by March 1, 2014, if the single largest
system at an individual facility has a full charge
of 200 pounds or more of the following refrigerants: chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) or hydrofluorocarbons (HFCs). The online registration and reporting tool, known as the "Refrigerant Registration and Reporting System," or R3, is available at www.arb.ca.gov/rmp-r3. Facilities with
smaller refrigeration systems with a full charge
of greater than 50 pounds and less than 200
pounds of high global warming potential (highGWP) refrigerant are not required to register
until 2016. However, these systems are subject
to leak inspection, repair and recordkeeping
requirements of the rule in effect now. Facilities with large refrigeration systems with a refrigerant charge of 2,000 pounds or more
should already be registered and must continue to submit annual reports to ARB. Failure
to register applicable refrigeration systems
may result in site inspections, notices of violation and cumulative daily penalties.
WAPA Annual Meeting
Save the dates and get ready to book your
rooms, for WAPA’s best Annual Meeting yet!
The 2014 WAPA Annual Meeting will be held
on June 19th and 20th at the Monterey Plaza
Hotel located on Cannery Row in beautiful
Monterey. In addition, WAPA will host its first
ever Annual Meeting Dinner at the amazing
Monterey Bay Aquarium, in the evening of
Thursday, June 19th! This will follow our Annual
Golf Tournament, which will be held this year
at the Nicklaus Club in Monterey. The Nicklaus
Club, formerly the Pasadera Golf and Country
Club, is one of the Jack Nicklaus “Signature
Clubs” and was originally designed by Nicklaus
himself. Rooms are an incredible $199 for what
is arguably the best hotel in Monterey! As
usual, a quality cast of speakers are being lined
up for the event, which promises to be our
best yet! Make sure to reserve your rooms
early!
FDA to Publish Revised Rules on Produce
Safety and Preventative Controls
FDA Deputy Commissioner for Foods and Veterinary Medicine, Michael Taylor, has announced that FDA will publish revised proposed rule language by early summer 2014 for
the Produce Safety Rule and the Preventative
Controls Regulations. FDA will accept additional comments only on those sections of the
proposed rules that have been revised. In a
recent press release Deputy Commissioner
Taylor stated “FDA appreciates and takes very
seriously the extensive input we have received
from produce farmers and others in the agricultural sector on the proposed FDA Food
Safety Modernization Act (FSMA) rules on pro-

2. Processors Monthly—Page 2
duce safety and preventive controls for human food,
which we published in January 2013. We have made every
effort to solicit input on the proposed rules, not only
through the standard rulemaking process, but also by participating in more than 150 meetings and by travelling to
numerous farms of varying types and sizes from Maine to
California. Based on our discussions with farmers, the research community and other input we have received, we
have learned a great deal, and our thinking has evolved.
Everyone shares the goal of ensuring produce safety, but,
as we said at the beginning of the process, the new safety
standards must be flexible enough to accommodate reasonably the great diversity of the produce sector, and
they must be practical to implement. To achieve this goal,
we believe that significant changes will be needed in key
provisions of the two proposed rules affecting small and
large farmers. These provisions include water quality standards and testing, standards for using raw manure and
compost, certain provisions affecting mixed-use facilities,
and procedures for withdrawing the qualified exemption
for certain farms.” Deputy Commissioner Taylor further
stated there may be other revisions as well, but those will
be determined after FDA has an opportunity to fully review the written comments that have been submitted.
2014 Food Safety Training Classes:
WAPA and AIB International are once again partnering to
bring you food safety training for tree nut processing facilities! This year’s schedule is as follows:
HACCP Workshop – March 5-6, 2014
HACCP Assessments – April 14-15, 2014
BRC Introduction, Interpretation, and Implementation
– March 25-26, 2014
In the “HACCP Workshop”, participants will learn to organize Prerequisite Programs to meet the requirements
for food safety. You will also learn to identify the three
types of hazards (Biological, Chemical, and Physical). Participants will have the opportunity to get their questions
answered by an industry expert and to develop a complete HACCP Manual specific to their plants through practical workshops. In the “HACCP Assessments” participants
will:
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workshops.
Learn to manage change, including evaluation of potential, affiliated food hazards when revisions to equipment, raw materials, and/or process parameters are
made.
Learn new strategies to ensure that your HACCP Program remains effective.
Finally, AIB International’s BRC Certification seminar provides the tools necessary to understand and implement a
BRC Food Safety system in your facility from the auditor’s
perspective. Learning objectives include:
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Develop, implement, and maintain programs that meet
the BRC Audit Standard
Recognize the BRC Standard program links and how the
interact given specific scenarios
Create specific records and procedures
Perform management tasks required by specific clauses
The classes will be held at the
Association offices, located at
1785 N. Fine Ave in Fresno. Hotel rooms are located close by
at the Picadilly Inn – Airport.
Class cost is $425 each for
members, and $475 for nonmembers. However, the class
cost goes down if you register
for more than one class and if you register early! Look for
details to be mailed directly to you in January, or sign up
and register online!
WAPA Testifies at ARB Truck Rule Workshop!
WAPA President/CEO Roger Isom spoke out against the
proposed changes to the California Air Resources Board’s
Heavy Duty On-road Vehicle Regulation (aka The Truck
Rule), saying the proposed changes don’t go far enough!
ARB is currently proposing changes to the rule designed
to lessen and/or delay the impact of the current rules.
The proposed changes include:
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Re-opening the opt-in period to register existing low
mileage agricultural vehicle extension
Re-opening the opt-in period to register for the existing
PM phase-in requirements
Increase the thresholds for the low-use exemption for
trucks that are operated a total of less than 5,000 miles
per year
Expand “NOx exempt” areas to include additional counties including Butte County!
Revisit the HACCP preliminary tasks and seven principles
with an updated perspective.
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Discuss physical, chemical, and microbiological hazards
of current importance.
Acquire practical auditing experience for evaluating
Isom specifically stated that the proposed changes to the
HACCP systems implementation through interactive
NOx exempt areas were too limited and placed unfair ad-

3. Processors Monthly—Page 3
vantages on farmers in the San Joaquin Valley. Isom also
commented that the extensions on the filter requirements
would do nothing for individual owner/operators and
small fleet owners that simply can’t afford a diesel particulate filter (DPF) especially when the filter costs more than
the truck is worth! Finally, Isom blasted the ARB for the
filter requirements in general emphasizing the repeated
problems with retrofit filters, including over 100 trucks in
ARB’s own Proposition 1B program where there was not a
single truck that could be found with a “working filter.”
Isom also asked why ARB was doing a survey to fleet owners asking if the filters worked or not, to which ARB indicated that the survey was unauthorized and that a new
one will be going out in early spring. Isom requested that
the survey be conducted by a “unbiased“ third party to get
to the truth. WAPA continues to press ARB on one of the
most costly and impactful rules for its members to comply
with, and encourages all of its members to weigh in now
on the impact of the truck rule and cost of compliance!
Sixth Rule Proposed under FSMA addresses Protection
against Adulteration
FDA is set to publish a proposed rule on Protecting Food
against Intentional Adulteration. This is the sixth proposed
rule under the Food Safety Modernization Act (FSMA) and
would require large food businesses, both domestic and
foreign, to have a written defense plan that addresses
possible areas of vulnerability in their operations and requires steps to prevent adulterations that could result in
large-scale public harm. FDA has highlighted general activities where adulteration is most likely to occur:
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bulk liquid receiving and loading;
liquid storage and handling;
secondary ingredient handling
mixing and similar activities.
Each facility would then address these points of vulnerability in their operations and then identify actionable
steps to mitigate the risk of intentional adulteration. In
addition, facilities will be required to write their own food
defense plan that would include:
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Actionable process steps,
Focused mitigation strategies
Monitoring
Corrective Actions
Verification
Training
Record Keeping
FDA is proposing the new requirements would be in effect
60 days after the final rule is published. However, smaller
businesses are granted extensions based on total annual
sales, employees, and other factors yet to be specified.
The rule does not apply to farms or facilities not required
to register under section 415 of the FD&C Act. The proposed rule was published in the Federal Register on December 24, 2013, allowing the public to review it and
submit comments until March 31, 2014. WAPA continues
to follow FSMA updates closely and this update is no exception.
AgSafe to offer Worker Protection Standards and Hazard Communications
AgSafe will be offering their Safety Essentials workshop
that includes both Worker Protection Standards and Hazard Communication courses. These courses are excellent
opportunities to continue effective safety programs,
brush up with new skills and learn new requirements.
The Worker Protection Standards class is designed for
supervisors, crew leaders, and workers and teaches
where and how workers may come into contact with pesticides, how workers can protect themselves from exposure, signs and symptoms of poisoning from pesticides
including first aid procedures, restricted entry intervals,
postings, warnings, pesticide use reports, protection
from employer retaliation and much more. This class is
held from 8:00 AM-12:00 PM. The second course offered
is Hazard Communications from 1:00 PM-4:00 PM. The
course is ideal for managers and supervisors and aims to
teach them state and federal regulations requirements,
including requirements for a hazard communication plan,
and will review the Global Harmonization System and
documentation and training.
The courses can be taken individually or together. Classes
are available in both English and Spanish. Cost per class
is $20 for members and $30 for Non-Members. A $10
late fee will be assessed for those that register less than
5 days prior to the event. Questions can be directed to
AgSafe at 209-526-4400 or safeinfo@agsafe.org. Registration is available on their website at www.agsafe.org by
selecting their calendar and choosing the event you
would like to Location
Date
attend. The Bakersfield, CA
01/16/2014
courses will Salinas, CA
02/06/2014
be offered in
Fresno, CA
02/11/2014
five different
Oxnard, CA
02/12/2014
locations:
Santa Maria, CA
02/13/2014

4. Western Agricultural Processors Association
1785 N. Fine Avenue
Fresno, CA 93727
PRESORTED STANDARD
US POSTAGE PAID
FRESNO, CA
PERMIT NO. 2201
Happy New Year!
State Releases Updated Comprehensive Water Reliability and Ecosystem Restoration Plan
The Bay Delta Conservation Program, which aims to restore ecosystem health and secure reliable water supplies for California has been released for formal public
review. In addition to stabilizing water deliveries from
the Delta, the plan details the recovery of 56 species of
plants, fish and wildlife over the 50 year life plan. These
“co-equal goals” were delineated by the Legislature in
the 2009 Delta Reform Act. The 9,000 page plan and its
corresponding Environmental Impact Report/
Environmental Impact Statement have undergone several
revisions since the administrative drafts that were released last spring and summer. Some revisions include:
analysis and hundreds of
public meetings. The plan
describes 22 separate
conservation measures
that are administered by
CDWR, operator for the
SWP and the U.S. Bureau
of Reclamation, operator of the CVP. The plan aims at
providing these entities with a stable regulatory environment that works towards the recovery of imperiled fish
species. Only in the last paragraph of the State’s press
release is any real mention of the water users that so
desperately need a workable plan. It states that water
users (Southern California, the Santa Clara Valley, and the
 Changes to the alignment of the conveyance tunnels for a
San Joaquin Valley) will bear most of the costs of the
smaller environmental footprint
plan, including the new intakes and tunnels which will
 Details that ensure the critical adaptive management proctotal around $16 billion. The public review draft of the
ess accurately measures species recovery
BDCP is available at www.baydeltaconservationplan.com.
 Detailed changes on how the plan would be governed
Also available is guidance for comments and a schedule
 Tools and funding available to support adaptive manageof public meetings. Comments will be gathered until April
ment if more Delta water is needed
14, 2014. WAPA will be actively involved in commenting
 Additional design criteria and operational constraints for
on the plan and attending public meetings as to address
proposed Delta intake
 Additional measures to further protect the greater sandhill our concerns with the proposed plan, including avoiding
crane, giant garter snake, and saltmarsh harvest mouse
damaging impacts to our ag economy, ag jobs, and busiThe BDCP has been developed through seven years of
ness climate.