The U.S. Department of Agriculture’s (UDSA’s) Agricultural Marketing Service
(AMS) has issued a proposed rule that would establish a voluntary National
Leafy Green Marketing Agreement (NLGMA) “to regulate the handling of leafy
green vegetables, including but limited to lettuce, spinach, and cabbage.”
According to AMS, the proposed agreement would “authorize the development
and implementation of production and handling regulations (audit
metrics)” to reflect USDA’s Good Handling Practices, as well as the Food and
Drug Administration’s Good Agricultural Practices and Good Manufacturing
Practices. AMS has requested comments and written exceptions to the
proposed rule by July 28, 2011.

The voluntary NLGMA would cover both domestic and imported leafy green
vegetables, with signatories agreeing to only handle products that meet
program requirements. It is evidently modeled after a similar marketing
agreement pioneered by California growers, who in 2006 faced a widespread E. coli outbreak linked to fresh spinach, and also takes into account a February 23, 2010, request for comments detailed in Issue 338 of this Update. “This
proposed agreement and governance structure provides an opportunity for
farmers, handlers and retailers of all sizes to work together and develop a
practical program,” said Agriculture Deputy Secretary Kathleen Merrigan in an
April 26, 2011, press release. “We are striving to create a voluntary program
so that all types of farmers and handlers can more effectively comply with
quality and food safety requirements.”

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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