Notification of Rulemaking Activity
The Washington State Dept. of Agriculture (WSDA) has adopted chapter 16-180 WAC, Produce Safety, by filing a CR-103 with the Office of the Code Reviser on June 22, 2025.
Overview of Rulemaking
The establishment of chapter 16-180 WAC adopts the 2024 version of the U.S. Food and Drug Administration’s (FDA) Produce Safety Rule (21 CFR Part 112). The Produce Safety Rule (PSR) is part of the federal Food Safety Modernization Act (FSMA), signed into law in 2011, and is intended to reduce the risk of contamination and foodborne illness from fresh produce.
In 2018, the Department received authority under chapter 15.135 RCW to conduct produce inspections. In partnership with the federal Food and Drug Administration (FDA), the Department established the Produce Safety Program. This program encouraged the safe production of fruits and vegetables, thereby reducing the public health risks for consumers of Washington produce. Through education and enforcement, the program promoted understanding of and compliance with the PSR, a component of the Food Safety Modernization Act (FSMA).
The program addresses two key goals:
• Help Washington farmers comply with the FDA Produce Safety Rule.
• Consistently and uniformly apply the FDA Produce Safety Rule in Washington State.
Chapter 15.135 RCW adopts the June 7, 2018 version of the PSR and authorizes the department to adopt more recent versions by rule. The most recent (2024) updates to the PSR reflect changes made by the FDA, including provisions related to agricultural water and associated compliance dates. Incorporating these federal updates to produce safety inspections will ensure consistency between state and federal requirements, minimize confusion for growers, and maintain Washington’s equivalency with FDA regulations.
This will also support the Department’s ongoing efforts to educate and regulate covered farms in accordance with FSMA standards. By aligning state rules with the latest federal requirements, the Department can continue to help farms remain in compliance, and maintain market access for Washington-grown produce.
Documents Related to Rulemaking
The following documents related to this rule making are attached here.
CR-103 with adopted rule language
Agency Personnel Responsible for Proposed Rule
Please contact Luisa Castro to discuss implementation and enforcement of the adopted rule.
By mail:
Luisa Castro, Assistant Director
Food Safety & Consumer Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By phone: (360) 870-7858
By email: lcastro@agr.wa.gov
For more information regarding WSDA’s rule making activities, please contact:
Gloriann Robinson, WSDA Agency Rules Coordinator
wsdarulescomments@agr.wa.gov
PO Box 42560,
Olympia, WA 98504
(360) 902-1802
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