Resources Related to Food Safety Modernization Act (FSMA) Produce Safety Rule (PSR) Requirements for Agricultural Water Used During Harvest and Postharvest (21 CFR 112 Subpart E)

The Produce Safety Alliance (PSA) compiled the following list of resources to support fresh produce growers, packers, produce industry personnel, extension professionals, and regulatory authorities as they continue to expand their understanding and prepare for inspections covering the requirements of the FSMA Produce Safety Rule Subpart E, related to agricultural water used during harvest and postharvest. This list does not include requirements for pre-harvest water, or those that are outside of Subpart E.

This list is not comprehensive. Resources in this list highlight data, science, or best practices that assist with FSMA Produce Safety Rule compliance. Additional resources are available in many of the topic areas.

This list was updated in January 2025 to reflect Subpart E requirements related to harvest and postharvest agricultural water published on May 6, 2024.

§ 112.40 Codified language

  • Key element within § 112.40: a table that shows which requirements apply when agricultural water is used for growing covered produce (other than sprouts) (also known as pre-harvest water), for sprout irrigation water, and for harvesting, packing, or holding covered produce (also known as harvest and postharvest water).

§ 112.41 Codified language 

  • Key element of § 112.41: All agricultural water must be safe and of adequate sanitary quality for its intended use
  • Resource:
    • Clarifying information is found in the U.S. Food and Drug Administration. 2015. Preamble to the Produce Safety Rule, response to comment 180, where the requirement in § 112.44(a) is about the no detectable generic E. coli in 100 mL water criterion.

      “In this regard, we consider the agricultural water that does not meet the microbial quality requirement in final § 112.44(a) also does not meet the general requirement of safe and of adequate sanitary quality in final § 112.41.” 

      “… agricultural water that meets the microbial water quality criterion in § 112.44(a) may not necessarily be safe or of adequate sanitary quality for its intended use.”

      “That is, agricultural water that meets § 112.44(a) may not be safe or of adequate sanitary quality, for example, due to the presence of pathogenic organisms.”

§ 112.42 Codified language 

§ 112.44 Codified language 

§ 112.45 Codified language 

  • Key element within § 112.45(a) Discontinue use:
    For agricultural water used during harvest or postharvest that does not meet the requirement of § 112.41 (not safe or sanitary) or § 112.44(a) (detectable generic E. coli), two corrective measures are described:
    • Re-inspect, identify issues that may have led to introduction of E. coli and (or) pathogens, make necessary changes, and determine if changes were effective
    • Treat the water as described in § 112.46
  • Resource:

§ 112.46 Codified language 

§ 112.47 Codified language