- Monitored fertilizer use may be one effect of H.R. 875 in the future.Tomatoes image by Lucy Cherniak from Fotolia.com
No major laws against backyard gardening existed as of June 2010. However, a bill was proposed to Congress on February 4, 2009 that would have effects on the entire food production industry. While the bill, H.R. 875, covers a wide variety of issues in the food production industry, only a few small parts could affect backyard gardeners, depending on how the bill is interpreted. - One of the biggest concerns regarding H.R. 875 is the use of fertilizers. The Food Safety Administration (FSA) aims to monitor and make regulations "with respect to growing, harvesting, sorting, and storage operations, minimum standards related to fertilizer use, nutrients, hygiene, packaging, temperature controls, animal encroachment, and water" as stated in Section 206 of the bill. This is interpreted by many opponents to target organic fertilizers as a safety risk since these fertilizers do not contain chemicals to control pests that may spread food-borne illnesses.
- Section 202 of H.R. 875 calls for the requirement that every food establishment be registered. A food establishment is defined as any location that manufactures, processes, packs or holds food for consumption. This could be applied to a backyard garden depending on its size and whether its contents are to be consumed by the public. The FSA would have the authority to seize food from unregistered locations or refuse the registration of those who don't meet the other requirements listed in the bill.
- Also listed in Section 206 of the bill is the requirement for food production facilities to have a written food safety plan. The plan should contain information that describes what hazards their establishment is susceptible to and what preventive measures they should take against those possible hazards. Should this apply to backyard gardeners, they would have to take into consideration any pests or other environmental hazards that are present in their backyard gardens.
