CDFA Decision Makes the Harvest of Windfall Fruit Illegal
The Food Safety Modernization Act’s (FSMA) Produce Safety Rule prohibits the distribution of produce that drops to the ground before harvesting. The Commission just received notification that effective November 21, 2017, the California Department of Food and Agriculture (CDFA) has changed the California Code or Regulations, removing § 1408.22, “Avocados, Fruit Drop Caused by Extreme Winds.” This section previously allowed for the maturity testing of windfall avocados, starting from the end of an extreme wind event as determined by CDFA. The change in the law was made by CDFA to ensure State law complies with Federal law.
With this change, the California Code of Regulations no longer allows for maturity testing of avocados after a wind fall event, making any harvesting of wind fall avocados illegal. CDFA’s announcement can be found here or in the right-hand navigation.