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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
requirements in the third column, if applicable.

TABLE 1 TO 112.40
If you use agricultural water for this covered activity
Then you must meet these requirements
If applicable, you also must meet these requirements
a Growing covered produce other than sprouts.

112.41 quality standard
112.42 inspections and maintenance
112.43 agricultural water assessment
112.50 records
112.41 quality standard
112.42 inspections and maintenance
112.44a microbial quality criterion.
112.50 records.

112.45 measures.
112.46 treatment.
112.47 who may test.
112.151 test methods.
112.44b testing untreated ground water.
112.45 measures.
112.46 treatment.
112.47 who may test.
112.151 test methods 112.44b testing untreated ground water 112.45 measures 112.46 treatment 112.47 who may test 112.151 test methods
b Sprout irrigation water

c Harvesting, packing, or holding covered produce.

112.41 quality standard
112.42 inspections and maintenance
112.44a microbial quality criterion
112.44e additional management and monitoring
112.50 records

112.41 What requirements apply to the quality of my agricultural water?

All agricultural water must be safe and of adequate sanitary quality for its intended use.

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112.42 What requirements apply to inspecting and maintaining my agricultural water systems?

a Inspection of your agricultural water systems. At the beginning of a growing season, as appropriate, but at least once annually, you must inspect all of your agricultural water systems, to the extent they are under your control, to identify any conditions that are reasonably likely to introduce known or reasonably foreseeable hazards into or onto covered produce or food contact surfaces, including consideration of the following:
1 The nature of each agricultural water source for example, whether it is ground water or surface water;
2 The extent of your control over each agricultural water source;
3 The degree of protection of each agricultural water source;
4 Use of adjacent and nearby land;
and 5 The likelihood of introduction of known or reasonably foreseeable hazards to agricultural water by another user of agricultural water before the water reaches your covered farm.
b Maintenance of your agricultural water systems. You must adequately maintain all agricultural water systems, to the extent they are under your control, as necessary and appropriate to prevent the systems from being a source of contamination to covered produce, food contact surfaces, or areas used for a covered activity. Such maintenance includes:
1 Regularly monitoring each system to identify any conditions that are
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reasonably likely to introduce known or reasonably foreseeable hazards into or onto covered produce or food contact surfaces;
2 Correcting any significant deficiencies such as control of crossconnections and repairs to well caps, well casings, sanitary seals, piping tanks, and treatment equipment;
3 Properly storing equipment and keeping the source and distribution system free of debris, trash, domesticated animals, and other possible sources of contamination of covered produce to the extent practicable and appropriate under the circumstances; and 4 As necessary and appropriate, implementing measures reasonably necessary to reduce the potential for contamination of covered produce with known or reasonably foreseeable hazards resulting from contact of covered produce with pooled water for example, through use of protective barriers or through equipment adjustments.
112.43 What requirements apply to assessing agricultural water used in growing covered produce other than sprouts?

a Elements of an agricultural water assessment. Based in part on the results of any inspections and maintenance you conducted under 112.42, at least once annually you must prepare a written agricultural water assessment for water that you apply to covered produce other than sprouts using a direct application method during growing activities. The agricultural water assessment must identify conditions that are reasonably likely to introduce known or reasonably foreseeable hazards into or onto covered produce other than sprouts or food contact
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surfaces, based on an evaluation of the following factors:
1 Each agricultural water system you use for growing activities for the covered produce, including the location and nature of the water source whether it is ground water or surface water, the type of water distribution system for example, open or closed conveyance, and the degree of protection from possible sources of contamination including by other water users; animal impacts; and adjacent and nearby land uses related to animal activity for example, grazing or commercial animal feeding operations of any size, application of biological soil amendments of animal origin, or presence of untreated or improperly treated human waste;
2 Agricultural water practices associated with each agricultural water system, including the type of direct application method such as foliar spray or drip irrigation of covered produce growing underground and the time interval between the last direct application of agricultural water and harvest of the covered produce;
3 Crop characteristics, including the susceptibility of the covered produce to surface adhesion or internalization of hazards;
4 Environmental conditions, including the frequency of heavy rain or extreme weather events that may impact the agricultural water system such as by stirring sediments or covered produce such as damage to edible leaves during growing activities, air temperatures, and sun exposure; and
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