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Many in Produce Industry Actually Want Regulation

During the past 33 years of covering produce trucking issues, I’ve written many times of the produce industry’s continuous fight to avoid government regulation, except when the industry itself would benefit.  For example, the produce industry tends to embrace marketing orders, which can limit the amount of production through quality control standards.  Limited production, which too often the industry has not been able to control itself, may help improve quality on a higher percentage of produce shipped, but it also can translate into higher consumer prices.

The limited amount of press coverage from the trucking trade media I’ve seen on food borne illnesses have generally portrayed the produce industry as being against regulation involving food safety issues.  In reality, while this may be true with a significant part of the produce community, many in the produce industry actually see a need for regulation in this area.  Most notably is the United Fresh Produce Association.  There are also a significant number of individuals and produce companies pushing for some type of regulation.

Mike Jantschke is the Director of Food Safety for Pro*Act, LLC, based in Monterey, CA.  The company’s website states it is “America’s leading distributor of fresh produce to the foodservice industry” by providing foodservice operators with the ability to streamline the produce supply chain. Pro*Act has contracts with produce growers and shippers to supply distributors around the country.

“My preference would be for the industry to set up programs to ensure the safety of the product with minimum government involvement,” states Jantschke.  “But occasionally you have to have direct involvement by the government to provide clarity.  So we are in support of the United’s petition of the FDA (Food and Drug Administration) to come up with mandatory standards or regulations for produce.”

Jantschke, who has been a food safety specialist for 20 years, wants the produce industry to help provide “some clarity” as well as “some standardization” throughout the supply chain – including produce trucking.  He is not interested in having multiple standards for different products.

“There is no other way, but government involvement, so products can be produced in a safe manner,” he maintains.

Ask specifically about rules or regulations relating to produce trucking and he says it is absolutely necessary, because to be effective the entire supply chain must be covered.  This includes growers, distributors, and transportation, all the way to the end users.

“Many of those parts really don’t do an adequate job to control the entire supply chain.  It is paramount that everyone is involved,” Jantschke states.

At the same time, he emphasizes certain issues must be considered, such as the jurisdiction of various government agencies.  For example, the FDA doesn’t have the authority to regulate trucking, nor does it necessarily understand transportation.  For this reason, every segment of the supply chain needs to work with the FDA to address the problems.

Jantschke says a lot the problems relating to food safety and transportation dates back to1990 when Congress passed legislation “trying somewhat to regulate the trucking industry.”   The law put the responsibility on the U.S. Department of Transportation to come up with regulations to enforce the law.  However, the DOT’s stance was it really did not have the expertise to write the rules.

This situation existed until 2005, Jantschke says, when Congress reauthorized the legislation known as the Sanitary Food Transportation Act of 2005.  The bill moved the responsibility for writing the regulations from the DOT to the FDA.  Now the FDA is working on regulations for the transportation of food, which he is hopeful will address the responsibilities of all the various parties within the supply chain.

Jantschke says there are some industry guidelines for the trucking of food liquids.  However, he adds those guidelines are fairly minimal and are for regulating how trucking responds to a problem.

Pro*Act has a subsidiary company, Kool Logistics Inc., which arranges its parent firm’s trucking needs from loads between shipping point to distribution facilities around the country.  While Kool addresses temperature control for loads and similar issues, the food safety expert adds, “There is definitely a lack of clear guidance in the trucking part of our industry.”

Jantschke notes Kool has some basic requirements for the carriers with which it works. Yet, he says, “This part of the industry traditionally has not had much regulation, or has been overseen by others.  They are doing the best they can.  In the future there needs to be more involvement and more requirements and more clear guidance of what is expected; what is acceptable and what is not.”

(Next month Produce Driver will look at what can be done to help avoid being part of the problem when it comes to food contamination and food borne illnesses in trucking.)

October Hauling Outlook
Potatoes will be one of the heaviest volume items shipped by truck during the next six months.  Idaho did real well in its “12-step recovery” program the last couple of years to avoid overproduction and below production cost prices in the market.  The growers reduced acreage, volume and shipments.  A relapse may have taken place this season as Idaho growers and others in the Northwest planted 30,00 extra acres. The good news is potato haulers should have more loading opportunities.  Nationally, more apple shipments should occur between now and the summer.  New York State could ship 30 million bushels, which would be a record.  Back in the Pacific Northwest, the initial forecast calls for 18 million, 44-pound cartons of pears to be shipped.  That would be 8% more than the previous season. n