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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
public water system results or certificates of compliance or Meets the microbial quality criterion in 112.44a through public water system results or certificates of compliance.
Proposed 112.43b3 would exempt a covered farm from the requirement to conduct an agricultural water assessment for pre-harvest agricultural water for non-sprout covered produce that is treated in accordance with proposed 112.46 such as through application of an EPA-registered antimicrobial pesticide product.
Although we are not proposing to require covered farms to treat their agricultural water to meet applicable requirements, we note that scientists from FDAs Center for Food Safety and Applied Nutrition have developed a test protocol for evaluating the efficacy of antimicrobial chemical treatments against public health organisms in agricultural water sources and submitted it to EPA. On April 29, 2020, EPA approved FDAs testing protocol, which potential chemical registrants can
now use to develop data to support registration of their pesticide products for treatment of agricultural water used during growing activities Ref. 71.
We tentatively conclude that an agricultural water assessment would not be necessary when a covered farm can demonstrate that it its pre-harvest agricultural water for non-sprout covered produce meets the microbial quality criterion of no detectable generic E. coli and testing requirements that would be applicable to agricultural water for sprout irrigation and harvest and post-harvest uses; EPA drinking water standards or other public water supply standards; or the treatment requirements in proposed 112.46. We seek comment on this tentative conclusion.
14. Proposed 112.43cOutcomes Under proposed 112.43c, a covered farm would use the information gathered through inspection and maintenance of its agricultural water system and evaluation of its agricultural water practices, the crop characteristics,
environmental conditions, and other relevant factors for hazard identification purposes, as described in 112.43a.
The covered farm also would make a written determination of any corrective or mitigation measures to implement based on:
The farms evaluation of factors described in proposed 112.43a1
through 5;
Any conditions the farm identified that would be reasonably likely to introduce known or reasonably foreseeable hazards specifically, biological hazards, as explained in section III.B. into or onto covered produce or food contact surfaces; and The results of any inspections and maintenance conducted by the farm, pursuant to proposed 112.42, of any agricultural water systems used during growing activities for non-sprout covered produce.
Proposed 112.43c would require a covered farm to record the determination in the written agricultural water assessment and take appropriate action, as described in table 4:

TABLE 4SUMMARY OF OUTCOMES OF A PRE-HARVEST AGRICULTURAL WATER ASSESSMENT FOR COVERED PRODUCE
OTHER THAN SPROUTS
Proposed 112.43c If you determine . . .

Then you must . . .

that your agricultural water is not safe or is not of adequate sanitary quality for intended uses.

Immediately discontinue uses And Take corrective measures before resuming use of the water for preharvest activities Implement mitigation measures promptly, and no later than the same growing season,
there is one or more known or reasonably foreseeable hazards related to animal activity, BSAAOs, or untreated or improperly treated human waste for which mitigation is reasonably necessary.
there is one or more known or reasonably foreseeable hazards not related to animal activity, BSAAOs, or untreated or improperly treated human waste, for which mitigation is reasonably necessary.

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that there are no known or reasonably foreseeable hazards for which mitigation is reasonably necessary.

With respect to pre-harvest agricultural water for non-sprout covered produce, under proposed 112.43c:
If the covered farm determines the agricultural water is not safe or is not of adequate sanitary quality for its intended uses, the farm would be required to immediately discontinue use of the water and take corrective measures under proposed 112.45a before resuming such uses;
If the covered farm determines that mitigation measures are reasonably necessary to reduce the potential for contamination of such produce or food contact surfaces with a known or reasonably foreseeable hazard that is
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Implement mitigation measures as soon as practicable and no later than the following year Or Test water as part of the assessment and implement measures, as needed, based on the outcome of the assessment Regularly at least once each year inspect and adequately maintain the water systems
related to animal activity, a biological soil amendment of animal origin, or untreated or improperly treated human waste on an adjacent or nearby land, the farm would be required to implement the mitigation measures within the same growing season as the assessment.
If the covered farm determines that mitigation measures are reasonably necessary to reduce the potential for contamination of such produce or food contact surfaces with a known or reasonably foreseeable hazard that is not related to animal activity, a biological soil amendment of animal origin, or untreated or improperly treated human waste on adjacent or nearby lands, the farm would be required to either:

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Implement mitigation measures under proposed 112.45b as soon as practicable and no later than the following year; or test the water, pursuant to proposed 112.43d, consider the results as part of the assessment in making a determination under 112.43c, and implement measures as needed under proposed 112.45;
If the covered farm determined that no corrective or mitigation measures under proposed 112.45 were reasonably necessary to reduce the potential for contamination of such produce or food contact surfaces, the farm would be required to regularly inspect and adequately maintain the
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