Fact Sheet

Interactions Between The FSMA PSR and Other Laws that May Apply to Produce Operations

June 2021   |   Extension Legal Services Initiative
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This fact sheet discusses four federal laws that may overlap with the Food Safety and Modernization Act Produce Safety Rule: the Clean Water Act (and state regulation of nonpoint source pollution), the Americans with Disabilities Act, the Fair Labor Standards Act, and guidelines from the Occupational Safety and Health Administration.

For references and endnotes, please refer to the PDF version of this document.

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Some FSMA PSR requirements may overlap with on-farm activities other state or federal laws require. This factsheet discusses four federal laws where overlap is possible: the Clean Water Act (and state regulation of nonpoint source pollution), the Americans with Disabilities Act, the Fair Labor Standards Act, and guidelines from the Occupational Safety and Health Administration. In many cases, producers have adopted or modified on-farm activities in order to meet the requirements outlined in these other federal laws. Although the FSMA PSR outlines a new set of required activities for producers, these existing practices may already provide co-compliance with certain FSMA PSR requirements (satisfying both the FSMA PSR and other relevant laws), or may require only slight adjustments to do so.

Suggested Citation

Interactions Between the FMSA PSR and Other Laws that May Apply to Produce Operations, NECAFS & Vt. L. Sch. Ctr. for Agric. & Food Sys. (2021), https://elsi.necafs.org/sites/default/files/uploads/FSMA%20PSR%2C%20other%20laws%20factsheet.pdf

Sophia Kruszewski

Former Director, Food and Agriculture Clinic, Center for Agriculture and Food Systems

Sophia Kruszewski JD’13 is the Deputy Policy Director at the National Sustainable Agriculture Coalition (NSAC) and was formerly an assistant professor at Vermont Law School, where she directed the Food and Agriculture Clinic at the Center for Agriculture and Food Systems.

Elizabeth Newbold

Assistant Director, University of Vermont Extension, Northeast Center to Advance Food Safety

Elizabeth Newbold is the Assistant Director for the Northeast Center to Advance Food Safety (NECAFS), one of four USDA funded regional centers tasked with coordinating training, education and outreach related to the FSMA Produce Safety Rule and the FSMA Preventive Controls for Human Foods Rule. Her work focuses on coordination and facilitation of the Northeast regional network to support a national food safety training, education, extension, outreach, and technical assistance system among small and medium-sized producers and small processors.