Mushroom Regulation: Which Federal Agency Governs This?

what federal agency regulates mushrooms

In the United States, the federal agency that regulates mushrooms is the Agricultural Marketing Service (AMS) under the United States Department of Agriculture (USDA). The AMS provides oversight for commodity-specific audits performed to satisfy the requirements of the mushroom industry. The Mushroom Council, which administers the regulations, is overseen by the USDA. The Council collects assessments on fresh mushrooms produced or imported into the 50 states, Puerto Rico, and the District of Columbia. The U.S. Department of Homeland Security's Customs and Border Protection collects the assessment on imported mushrooms. In addition, the FDA regulates the safety of agricultural water used for mushroom irrigation and post-harvest washing, and the common use of poultry manure in mushroom substrate formulations is regulated under the Produce Safety Rule.

Characteristics Values
Agency responsible for regulating mushrooms U.S. Department of Agriculture (USDA)
Agency that provides oversight for commodity-specific audits for the mushroom industry Agricultural Marketing Service (AMS) Specialty Crops Inspection (SCI) Division
Agency that collects assessments on mushrooms produced or imported in the U.S., Puerto Rico, and the District of Columbia Mushroom Council
Agency that collects assessments on imported mushrooms U.S. Department of Homeland Security's Customs and Border Protection
Agency that regulates water quality for mushroom irrigation Food and Drug Administration (FDA)
Agency that regulates organic mushrooms and organic pet food USDA Agricultural Marketing Service (AMS)

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The U.S. Department of Agriculture (USDA) regulates mushroom production and promotion

The U.S. Department of Agriculture (USDA) plays a significant role in regulating mushroom production and promotion in the United States. This regulation is carried out through the Agricultural Marketing Service (AMS), a division of the USDA.

One of the key responsibilities of the USDA is to oversee the Mushroom Council, which administers regulations related to mushroom production and promotion. The Mushroom Council is responsible for collecting assessments on fresh market mushrooms produced or imported into the 50 states, Puerto Rico, and the District of Columbia. Producers and importers who average more than 500,000 pounds of mushrooms annually are subject to these assessments, which are collected by first handlers and remitted to the Council. The Council also reimburses the Federal government for the cost of administering its programs.

The USDA is also involved in promoting research and consumer information related to mushrooms. This includes the Mushroom Promotion, Research, and Consumer Information Order, which was issued by the AMS in January 1993. This order established a national research and promotion program for mushrooms, with the goal of enhancing their consumption and expanding domestic and foreign markets. The USDA also proposes to amend its organic regulations to include specific standards for organic mushrooms, as they are currently certified using general organic standards for crops.

In addition to its regulatory and promotional roles, the USDA also provides oversight for commodity-specific audits in the mushroom industry. These voluntary, independent audits of produce suppliers are performed by the AMS Specialty Crops Inspection (SCI) Division to ensure compliance with industry standards. The USDA also works to ensure the safety of mushroom production, with specific guidelines outlined in the Food Safety Modernization Act (FSMA) and the Produce Safety Rule. These regulations focus on evaluating food safety risks and maintaining safe and sterile growing environments to prevent crop contamination.

Overall, the USDA plays a crucial role in regulating mushroom production and promotion in the United States, working closely with the Mushroom Council and industry stakeholders to ensure the safe and effective development of the mushroom market.

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The FDA regulates water quality for mushroom irrigation and post-harvest washing

The Food and Drug Administration (FDA) plays a crucial role in regulating water quality standards for mushroom irrigation and post-harvest washing. Under the Food Safety Modernization Act (FSMA), the FDA has established comprehensive guidelines to ensure safe and hygienic practices in mushroom production.

Mushrooms are unique in that they are typically grown indoors and irrigated using spray methods. While this cultivation method minimizes the risk of animal intrusion and fecal contamination, it underscores the importance of water quality regulation to prevent any potential foodborne illnesses. The FSMA Produce Safety Rule outlines specific requirements for water that comes into contact with mushrooms during irrigation and post-harvest washing.

Initially, the FDA mandated periodic microbiological testing of pre- and post-harvest water, including monitoring for generic E. coli concentration. However, recognizing the complexity and cost concerns associated with these requirements, the FDA revised its approach in 2024. While E. coli testing is no longer mandatory, it remains a regulatory option in certain situations.

The updated FSMA guidelines emphasize a multifaceted evaluation of water quality. This includes considering factors such as the source of the water, its application, and the surrounding environment. By taking into account the specific circumstances of mushroom cultivation, the FDA ensures that water meets the necessary safety standards without imposing undue burdens on farmers.

To support farmers in adhering to these standards, the FDA provides guidance and flexibility. Farms can apply calculated log reduction during commercial washing, which estimates the reduction in live bacteria. Additionally, variances can be requested by state, tribal, and foreign governments if they can justify the need for a different approach based on crop, climate, soil, or environmental conditions. The FDA also collaborates with industry groups and stakeholders to address concerns and develop scientific data to support these requests.

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The FDA regulates the use of animal manure in mushroom substrate to prevent crop contamination

The Food and Drug Administration (FDA) is the federal agency that regulates the use of animal manure in mushroom substrate to prevent crop contamination. The FDA's Produce Safety Standards rule includes requirements for controlling potential food safety hazards in areas where contamination is most likely to occur, such as the use of soil supplements containing animal manure. Animal manure is a likely source of many human pathogens, and crop contamination with animal feces has been linked to foodborne outbreaks. The Produce Safety Rule (21 CFR Part 112) states that biological soil amendments of animal origin, such as raw manure, may not come into contact with PSR-covered crops unless they are treated using a process that ensures pathogen reduction to acceptable levels.

The FDA's main concern is when raw or incompletely composted animal manure that may contain human pathogens is applied to soil in a manner that can cause crop contamination. The agency requires documentation that the finished compost is handled, conveyed, and stored in a manner that prevents it from becoming a source of contamination. For compost purchased from third parties, growers must obtain documentation from the supplier at least annually that attests to their using a scientifically validated process and that it has been handled and stored in a manner that minimizes the risk of contamination.

The FDA's preventative approach for ensuring the safety of produce is closely aligned with the Mushroom Good Agricultural Practices (MGAP) program, a set of farm food safety standards developed by the American Mushroom Institute and the Penn State Department of Food Science. MGAP standards include guidelines for careful management of the use of animal products in substrate preparation to minimize the potential for microbial contamination of mushrooms. While substrate microbial testing by growers is not required by the FDA, verification testing for L. monocytogenes may be conducted annually or when major changes are made to the type and proportion of raw materials.

In addition to the FDA, the Mushroom Council, administered by the U.S. Department of Agriculture (USDA), also plays a role in regulating certain aspects of the mushroom industry. The Council collects assessments on fresh market mushrooms produced or imported into the 50 states, Puerto Rico, and the District of Columbia. The Council also provides oversight for commodity-specific audits performed to satisfy the requirements of the mushroom industry, which are voluntary, independent audits of produce suppliers throughout the production and supply chain.

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The USDA proposes to amend organic regulations to clarify standards for organic mushrooms

In the United States, the marketing and sale of mushrooms are regulated by the U.S. Department of Agriculture (USDA) and its Agricultural Marketing Service (AMS). The AMS is responsible for the oversight of mushrooms and other specialty crops, including their production, promotion, research, and consumer information.

The USDA has recently proposed amendments to its organic regulations to clarify standards for organic mushrooms. The proposed changes were announced by the USDA Agricultural Marketing Service on November 3, 2024. The final rule amends the definition of "wild crop" to include mushrooms, allowing wild mushrooms to be certified as organic under the wild crop standards.

The rule also adds a new section to the USDA organic regulations, providing specific provisions for the production and sale of mushrooms and mushroom products sold as organic. This includes standards for mushroom substrate composition, sourcing of mushroom spawn, and composting requirements for organic mushroom production. The new section also specifies allowed substances in organic mushroom spawn media and substrate, requiring that uncomposted plant materials used in the substrate be organic when commercially available.

Additionally, the rule establishes definitions related to mushrooms, such as "mushroom," "mushroom mycelium," and "mushroom spawn," and clarifies that mushrooms are a type of crop. It is important to note that organic mushroom operations must have an organic system plan that outlines their compliance with the applicable USDA organic regulations. However, the final rule also clarifies that not all existing crop production requirements apply to organic mushroom production, as the methods used to produce mushrooms differ from those used for plants.

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The U.S. Food Safety Modernization Act mandates science-based food safety risk evaluations

The U.S. Food Safety Modernization Act (FSMA) was signed into law by President Barack Obama on January 4, 2011. The FSMA has given the Food and Drug Administration (FDA) new authority to regulate the way foods are grown, harvested, and processed. The law grants the FDA several new powers, including the authority to conduct inspections and ensure compliance, issue mandatory recalls, and administratively detain products that are potentially in violation of the law. The FSMA also includes provisions that protect employees who try to prevent food safety problems, prohibiting employers from retaliating against employees who disclose violations of the Federal Food, Drug, and Cosmetic Act.

The FSMA mandates science-based food safety risk evaluations, requiring the FDA to undertake a significant number of rulemakings, issue guidance documents, and produce reports, plans, strategies, standards, and notices. The FSMA rules are designed to outline specific actions that must be taken to prevent contamination, focusing on the global supply chain for both human and animal food. The FDA must issue regulations to protect against the intentional adulteration of food, including the establishment of science-based mitigation strategies to prepare and protect the food supply chain at specific vulnerable points.

The FSMA also provides the FDA with increased inspection authority for domestic facilities, allowing the FDA to enter into inter-agency agreements to leverage resources regarding the inspection of seafood facilities and imports. The FDA is explicitly authorized to rely on inspections of other Federal, State, and local agencies to meet its inspection mandate. The FSMA establishes a mandated inspection frequency, based on risk, for food facilities, with all high-risk domestic facilities to be inspected within five years of enactment and no less than every three years thereafter.

In terms of mushroom regulation, the Mushroom Council, administered by the U.S. Department of Agriculture (USDA), oversees regulations regarding a national research and promotion program for mushrooms. The Agricultural Marketing Service (AMS) under the USDA provides oversight for commodity-specific audits performed to satisfy the requirements of the mushroom industry. These voluntary, independent audits of produce suppliers are conducted throughout the production and supply chain. The AMS also issued the Mushroom Promotion, Research, and Consumer Information Order, which created a program under the authority of the Mushroom Promotion, Research, and Consumer Information Act.

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Frequently asked questions

The Agricultural Marketing Service (AMS) under the U.S. Department of Agriculture (USDA) regulates the marketing of mushrooms. The Mushroom Council, which is overseen by the USDA, administers regulations related to mushroom marketing.

The U.S. Food and Drug Administration (FDA) regulates food safety for mushrooms. The FDA's Produce Safety Rule, part of the Food Safety Modernization Act (FSMA), includes specific requirements for mushroom production, such as the quality of water used for irrigation and the use of biological soil amendments like raw manure.

The Small Business Administration (SBA) defines small agricultural producers as those with annual receipts of no more than $750,000, and small agricultural service firms (importers) as those with annual receipts of no more than $7.5 million. Most mushroom producers and importers are considered small entities under this definition.

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