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---------------- ‘(1) IN GENERAL- Not later than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary, in coordination with the Secretary of Agriculture and representatives of State departments of agriculture (including with regard to the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)), shall publish a notice of proposed rulemaking to establish science-based minimum standards for the safe production and harvesting of those types of fruits and vegetables that are raw agricultural commodities for which the Secretary has determined that such standards minimize the risk of serious adverse health consequences or death.
‘(3) CONTENT- The proposed rulemaking under paragraph (1) shall--
‘(A) provide sufficient flexibility to be applicable to various types of entities engaged in the production and harvesting of raw agricultural commodities, including small businesses and entities that sell directly to consumers, and be appropriate to the scale and diversity of the production and harvesting of such commodities; ----------------
That type of language--calling for adjustments and considerations based on the scale and purpose of the operation--is throughout the bill. It doesn't specifically exclude small farmers or large industry would just use that as a loophole to ignore the laws, but it requires rules to be written with factors such as size and purpose in mind.
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