Chapter 16-180 WAC

On July 22, 2025, the Department completed rulemaking to establish chapter 16-180 WAC which adopts the 2024 version of the U.S. Food and Drug Administration’s (FDA) Produce Safety Rule (21 CFR Part 112). The Produce Safety Rule (PSR) is part of the federal Food Safety Modernization Act (FSMA), signed into law in 2011, and is intended to reduce the risk of contamination and foodborne illness from fresh produce.

In 2018, the Department received authority under chapter 15.135 RCW to conduct produce inspections. In partnership with the federal Food and Drug Administration (FDA), the Department established the Produce Safety Program. This program encouraged the safe production of fruits and vegetables, thereby reducing the public health risks for consumers of Washington produce.  Through education and enforcement, the program promoted understanding of and compliance with the PSR, a component of the Food Safety Modernization Act (FSMA).
The program addresses two key goals:
•    Help Washington farmers comply with the FDA Produce Safety Rule.
•    Consistently and uniformly apply the FDA Produce Safety Rule in Washington State.

Chapter 15.135 RCW adopts the June 7, 2018 version of the PSR and authorizes the department to adopt more recent versions by rule. The most recent (2024) updates to the PSR reflect changes made by the FDA, including provisions related to agricultural water and associated compliance dates. Incorporating these federal updates to produce safety inspections will ensure consistency between state and federal requirements, minimize confusion for growers, and maintain Washington’s equivalency with FDA regulations.

This will also support the Department’s ongoing efforts to educate and regulate covered farms in accordance with FSMA standards. By aligning state rules with the latest federal requirements, the Department can continue to help farms remain in compliance, and maintain market access for Washington-grown produce.

Adoption Date: July 22, 2025

Effective Date: August 22, 2025

This rule was proposed under an expedited rule making process that eliminates the need for the department to hold public hearings, prepare a Small Business Economic Impact Statement, or provide responses to the criteria for a significant legislative rule. If you object to this use of the expedited rule making process, you must express your objections in writing.

Written objections to the use of the expedited process were to be submitted using one of the following:

By mail:
Gloriann Robinson, Agency Rules Coordinator
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560

By fax: (360) 902-2092
By email: wsdarulescomments@agr.wa.gov

Written objections were due no later than 5:00 PM July 8, 2025.​

Written submissions about the proposed rule may be inspected at:

Washington State Dept. of Agriculture
Natural Resources Building
1111 Washington Street SE
Olympia, WA 98504-2560

Please contact Luisa Castro to discuss implementation and enforcement of the adopted rule.

By mail:
Luisa Castro, Assistant Director
Food Safety & Consumer Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560

By phone: (360) 870-7858
By email:  lcastro@agr.wa.gov