Voglio sapere a riguardo di…

khammond on DSKJM1Z7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules or composting operations relative to the canal, and animal and traffic patterns throughout the dairy that have the potential to spread contaminants.
We recognize that farms may face uncertainty around evaluating factors like these where they are unable to obtain the relevant information, such as if adjacent or nearby land users are not willing to share information. Due to the nature of the risks associated with animal activity, in these instances, farms should consider accounting for the increased likelihood of hazard introduction to the water systems from adjacent or nearby lands when making decisions around the safe use of their water.
d. Endangered Species Act. Section 112.84 of the produce safety regulation clarifies that the regulation does not authorize or require covered farms to take actions that would constitute the taking of threatened or endangered species in violation of the Endangered Species Act 16 U.S.C. 15311544, or require covered farms to take measures to exclude animals from outdoor growing areas, or destroy animal habitat or otherwise clear farm borders around outdoor growing areas or drainages.
We note that nothing in proposed subpart E would require covered farms to take measures to exclude animals from covered farms or from adjacent or nearby lands, or to destroy animal habitat or otherwise clear farm borders.
e. BSAAOs. Proposed 112.43a1
also would require covered farms to evaluate the presence of BSAAOs on adjacent and nearby lands that may introduce known or reasonably foreseeable hazards into sources and distribution systems for pre-harvest agricultural water for non-sprout covered produce, such as through runoff.
Section 112.3 of the produce safety regulation defines BSAAO to mean any biological soil amendment which consists, in whole or in part, of materials of animal origin, such as manure or non-fecal animal byproducts including animal mortalities, or table waste, alone or in combination. The term biological soil amendment of animal origin does not include any form of human waste.
The QAR Ref. 11 concluded that biological soil amendments can transmit human pathogens to surface water or ground water when stockpiled or applied to fields. Composting is less likely than controlled chemical or physical treatments to fully eliminate human pathogens from animal waste.
Incompletely treated, or recontaminated, BSAAOs may contain
VerDate Sep<11>2014

19:13 Dec 03, 2021

Jkt 256001

human pathogens. See also 80 FR
74534 at 7446174478.
Soil amendments have been identified as possible sources of pathogens in produce outbreak investigations Ref.
11. For example, investigators identified soil amendments on adjacent lands as a possible source of contamination in the 2018 romaine lettuce outbreak in which the outbreak strain of E. coli O157:H7 was introduced into the on-farm water reservoir Ref.
15.
In evaluating whether the application of BSAAOs on adjacent and nearby lands may introduce contamination into sources or distribution systems for preharvest agricultural water for non-sprout covered produce, a covered farm would consider whether the BSAAO is treated or applied to the land in accordance with the produce safety regulation such as where adjacent or nearby lands are covered farms subject to the produce safety regulation or any other Federal, State, or international regulations, recommendations, or guidelines for soil amendments. Covered farms would consider whether any BSAAOs on adjacent and nearby lands are handled, conveyed, and stored in a manner and location so that they do not become a potential source of contamination to water sources and water distribution systems for pre-harvest agricultural water for non-sprout covered produce proposed 112.43a1.
Factors to consider when evaluating the likelihood of potential hazards being introduced into a water system include, for example: 1 The distance between the fields and the water source; 2 the measures, if any, an upstream farm uses to control runoff; 3 whether the BSAAOs are treated and to what extent;
4 how BSAAOs are handled, conveyed, and stored on the land; and 5 whether runoff is likely to occur. In the event of uncertainty about use of BSAAO on adjacent and nearby lands, such as where the upstream farm does not provide information, farms should consider accounting for the increased likelihood of hazard introduction to the water systems from such BSAAO uses when making decisions around the safe use of their pre-harvest agricultural water.
f. Untreated or improperly treated human waste. Proposed 112.43a1
also would require covered farms to consider adjacent and nearby land uses related to untreated or improperly treated human waste.
As described in the QAR Ref. 11, human waste may contain pathogens in relatively high concentrations. Runoff associated with human waste from adjacent and nearby lands may
PO 00000

Frm 00019

Fmt 4701

Sfmt 4702

69137

contaminate sources or distribution systems for pre-harvest agricultural water for non-sprout covered produce such as where untreated or improperly treated human waste is applied as a soil amendment or where human waste systems are not properly constructed and maintained. Covered farms also should consider whether any portable toilet facilities on adjacent and nearby lands are appropriately located away from water sources and distribution systems in the event of malfunctioning, flooding, or high winds. Fixed human waste systems also may introduce contamination to water sources or water distribution systems. For example, investigators identified a recreational vehicle RV park as a potential source of contamination in a 2010 STEC O145
outbreak associated with romaine lettuce Ref. 53. Investigators found that the RV park property had multiple septic leach systems with subterranean moisture in the area that drains into an irrigation canal.
When evaluating proposed 112.43a24, the covered farm would consider the likelihood that any hazards, if present in its agricultural water system, would be reasonably likely to introduce hazards into or onto non-sprout covered produce, due to the agricultural water practices employed by the farm, the characteristics of the crops to which the pre-harvest agricultural water is applied, and the environmental conditions that may impact the introduction and/or persistence of hazards. An evaluation of the hazards associated with untreated or improperly treated human waste from adjacent or nearby lands could include consideration of potential sources of contamination, such as wastewater treatment plants, toilet facilities portable and fixed, sewage systems, septic tanks, and drain fields. In considering whether hazards associated with human waste from adjacent or nearby lands might be introduced to water systems, covered farms might consider: 1 Whether and how the human waste is treated; 2 whether the source of human waste is discharged directly into the water system; 3 the proximity of the potential source to the water system; 3 the topography between the potential source of human waste and the water system; and 4
whether there are any physical measures in place between the potential source of human waste and water system that would reduce the likelihood of hazards being introduced. In the event of uncertainty about adjacent and nearby land uses related to untreated or improperly treated human waste, such
E:FRFM06DEP2.SGM

06DEP2