Convergence of US and EU Production Practices Under the New FDA Food Safety Modernization Act

Private standards relating to food safety have become an important element in trade in fresh fruit and vegetables, particularly in Europe. Discussions of the positive and negative impacts of such standards on farmers in developing countries are associated with the way they are implemented and enforced, with particular emphasis being placed on how these standards introduce prescriptive controls at the farm level backed up by audit and third-party certification. Enactment in the United States of the FDA Food Safety Modernization Act (FSMA) in January 2011 adds a new element to the discussion of private standards. The Act mandates the introduction of risk-based controls on domestic farms for fruits and vegetables deemed high risk. It also places an obligation on food importers to ensure that their suppliers observe equivalent levels of safety controls. The FSMA is likely to lead to farm-level controls and certification as seen with private food safety standards as they have developed in Europe.