Cider Makers Eye New Regulation, Chances for Funding
By Lee Dean
Managing Editor
Cider makers are being urged to make their views known to the federal government on two issues, one regulatory and the other financial.

A change has been proposed to federal juice rules that may restrict the available methods cider makers can use in achieving desired bacterial kill levels.

The fresh juice industry has been waiting for the final federal rule on Hazard Analysis and Critical Control Point (HACCP) procedures. However, the Food and Drug Administration (FDA) in a Nov. 23 Federal Register notice introduced a new wrinkle into the process.

The notice requested public comment on four questions. Cider makers would be most affected by a proposal too apply techniques to achieve the target five-log (100,000-fold) bacterial kill step after the juice is extracted. This would invalidate a number of kill steps used by some cider makers earlier in the process.

The Federal Register notice points out that in the original HACCP proposal, the FDA did not mandate a specific technology to achieve the five-log kill step. The agency believed that pathogens are not reasonably likely to be present in the interior of sound whole oranges or other citrus fruit.

The new FDA concerns are being driven by new research, which indicates the possibility that citrus fruit can internalize pathogenic bacteria as it goes through the flume water. Research suggests that washing with water that is warmer than the fruit can cause bacteria to move into the fruit, especially if the fruit undergoes a rapid change in temperature.

Because of this possibility for contamination, FDA is questioning whether it should allow any surface treatment on fruit to count toward the five-log target. Thus, the only place the five-log reduction would apply would be after the juice has been extracted.
Specifically, the FDA is asking for information and comment in four areas: internalization and survival of pathogens in fruit; clarification about what point in the production process attainment of the five-log pathogen reduction should take place; the monitoring methods juice producers currently applying heat treatments now use to assure such treatment adequately controls pathogens; and the economic impact these new regulations would have on a juice making enterprise.

Jim Cranney, vice president of industry services for the U.S. Apple Association (USApple), said his organization intends “to comment on the appropriateness of introducing that data and how that information should be used in the process of regulating cider.

“It hasn’t changed our position that there’s no need to have widespread, full-prescription types of HACCP programs, especially for large processors who have already invested significant amounts of time and resources in programs that are very similar if not exceeding a typical HACCP program.”

Cider makers may comment on the proposed rule until Jan. 24. The rule can be found in the Nov. 23 Federal Register. Write to the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852.

On the financial front, national and state apple industry trade organizations are alerting cider makers about the availability of federal funds. Congress appropriated $120 million to enhance food safety and market viability for small and medium-sized agricultural operation through federal grants.

In a Nov. 16 letter to USDA Secretary Dan Glickman, USApple Association President Kraig Naasz asked that a piece of that $120 million pie be made available to small apple juice and cider producers to invest in new technologies designed to enhance the safety of their products and to improve their competitiveness.

Cider makers are being asked to send letters as soon as possible to Glickman, who will be making decisions on how to allocate these funds in the next few weeks. Write to The Honorable Dan Glickman, U.S. Department of Agriculture, 14th Street and Independence Avenue SW, Washington, D.C. 20250.
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