3-525.01. Produce safety rule; state administration; powers and duties; advisory council
A. The department is designated as the agency for this state for all purposes of the produce safety rule.
B. The director may:
1. Negotiate, consult and collaborate with the United States food and drug administration and do all things consistent with this article that are necessary to obtain and maintain federal approval and delegation of authority to regulate produce that is subject to the produce safety rule with respect to produce that is grown, harvested, packed or held in this state.
2. Consult, cooperate, collaborate and, if necessary, enter into formal intergovernmental and interagency agreements and memoranda of understanding with federal agencies, with agencies, instrumentalities and political subdivisions of this state and with nongovernmental organizations concerning the application of the produce safety rule as necessary to administer this article.
3. Apply for, accept and spend federal and other nonstate financial aid and allowances that may be available for the purpose of administering this article.
4. Accept advisory, technical and training assistance in planning and otherwise developing the produce safety activities under this article, including curricular and instructional materials, equipment and other materials and assistance that are useful for administering this article.
5. Facilitate cooperation among federal, state, local and private entities to help coordinate and enhance the protection of agriculture and food systems.
6. Use any available federal process to petition for a variance, waiver or exemption from federal requirements that may be desirable, advantageous or necessary to accommodate state or local conditions or considerations.
7. To minimize the economic and operational burdens created from multiple food safety program audits or inspections, use any available federal process to obtain approval from the United States food and drug administration that the standards of a food safety program under the department's authority align with the produce safety rule such that the program satisfies the produce safety rule's requirements.
C. The associate director shall:
1. Establish training activities and outreach and technical assistance programs to encourage the acceptance, cooperation, participation and compliance by owners, lessees, operators and designated representatives of farms, harvesters, holders, packers, commodity groups and other members of the regulated community.
2. Establish a continuing program for training employees and agents of the department to ensure a high level of knowledge of the law and skill in identifying, assessing and addressing risks to public health with the least disruption of a safe food supply.
3. Plan, develop, coordinate and administer the state program for administering the requirements of this article, including technical, laboratory and training activities.
D. As authorized by the director, the associate director may:
1. Use the cooperative extension service under chapter 1, article 3 of this title to the extent possible to accomplish the purposes of this article.
2. Issue certificates as evidence of completion of formal training programs by owners, lessees, operators and designated representatives of farms.
E. The citrus, fruit and vegetable advisory council shall assist and advise the director and associate director on matters under this article pursuant to article 4.3 of this chapter.