We are proposing to allow for the use of alternatives to certain requirements of part 112
under certain specified conditions. Under proposed § 112.12, you may establish and
use an alternative to certain specified requirements, provided you have adequate
scientific data or information to support a conclusion that the alternative would provide
the same level of public health protection as the requirement and would not increase the
likelihood that your covered produce will be adulterated under section 402 of the FD&C
Act, in light of your covered produce, practices, and conditions, including agroecological
conditions and application interval. The specific requirements for which
alternatives may be established and used are:
• Requirements for testing water, and taking action based on test results, when
agricultural water is used during growing operations for covered produce
(other than sprouts) using a direct water application method (see proposed §
112.44(c));
• Composting treatment processes (see proposed § 112.54(c)(1) and (2));
• Minimum application interval for an untreated biological soil amendment of
animal origin that is reasonably likely to contact covered produce after
application (including compost agricultural teas that contain compost
agricultural tea additives) (see proposed § 112.56(a)(1)(i)); and
• Minimum application interval for a biological soil amendment of animal origin
treated by a composting process that is reasonably likely to contact covered
produce after application (see proposed § 112.56(a)(4)(i));