and Technology April 2014 FST-60

The Use of Human on Food Crops in Hawai‘i: What Is Allowed and What Is Not James R. Hollyer,1 Fred E. Brooks,1 Luisa F. Castro2 1 Plant and Environmental Protection Sciences, UH-Manoa 2 College of Continuing Education and Community Service, UH-Hilo

uman feces and contain potential plant Regulations for Using Solid Human in nutrients such as urea, , and Food Production (1). They can also contain pathogens harmful to The Hawai‘i Department of Health (DOH) has the legal Hhumans. These pathogens include viruses, bacteria, pro- authority to issue a permit for the establishment of waste- tozoans, and helminths (worm-like organisms), among water treatment facilities. These permitted facilities use others (2). It is important that food does not become con- chemicals and other treatment technologies to recycle taminated with along the farm-to-fork food home and commercial . This process transforms chain. This is especially true when foods are eaten raw. liquid and solid human discharges into stable, pathogen- Uncooked foods are not exposed to a “kill step” prior to free, nutrient-rich , or “.” DOH juicing, cutting, mixing, chopping, or serving. A kill step inspects these permitted public and private facilities and is any process, such as cooking, that destroys pathogens. enforces state rules, as well as the U.S. Environmental So if a food product is contaminated with even a small Protection Agency (EPA) Biosolids Rule, 40 CFR Part amount of feces containing human pathogens, and a kill 503 (4). This science-based federal regulation contains step not used, a person could become ill from eating the processing precautions that ensure human pathogens are raw or fresh-processed product. Some pathogens, such destroyed during treatment. The goal is to make certain as E. coli, can multiply from one cell to over a million the resulting biosolids do not compromise human health. cells in just 10 hours given the right growth conditions Because of stringent processing requirements, biosolids (3). In the case of certain species of E. coli, 10 live cells (and recycled and treated water) can be used on most consumed on food, is enough to harm certain humans. farms and in the landscape in Hawai‘i. A memo from Therefore, food safety begins where food is grown: on the DOH’s Deputy Director for the farm and in home and school gardens. Everyone has confirmed the intent of this rule on December 27, 2007 a responsibility not to contaminate food, even consum- (5). This memo also stated, “The department is not al- ers. Food safety is critically important when feeding the lowing the use of raw waste (), untreated sludge most vulnerable populations: children, pregnant women, or wastewater, or sludge or recycled water that is not the elderly, and immunocompromised individuals. This properly treated.” Here, “properly” is defined as being fact sheet covers current state and federal rules for the processed in a permitted facility. use of raw human feces and urine, composted human Biosolids, however, cannot be used in certified organic waste, biosolids (treated from wastewater production. The United States Department of Agriculture treatment facilities), and recycled wastewater (from (USDA) National Organic Program rules, Title 7 CFR facilities). In the absence of rules §205.105 (g) forbid the use of biosolids in food production or laws, Good Agricultural Practices are recommended. even if EPA and DOH allow it (6). It is important to under-

Published by the College of Tropical Agriculture and Human Resources (CTAHR) and issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in co- operation with the U.S. Department of Agriculture, under the Director/Dean, Cooperative Extension Service/CTAHR, University of Hawai‘i at Mānoa, Honolulu, Hawai‘i 96822. Copyright 2011, University of Hawai‘i. For reproduction and use permission, contact the CTAHR Office of Communication Services, [email protected], 808-956-7036. The university is an equal opportunity/affirmative action institution providing programs and services to the people of Hawai‘i without regard to race, sex, gender identity and expression, age, religion, color, national origin, ancestry, disability, marital status, arrest and court record, sexual orientation, or status as a covered veteran. Find CTAHR publications at www.ctahr.hawaii.edu/freepubs. UH–CTAHR Use of Human Wastes on Food Crops in HI: What Is Allowed & What Is Not FST-60 — Apr. 2014 stand that farms in Hawai‘i are not “permitted” wastewater Recycled water is often dispensed through purple- treatment facilities. According to the 2007 DOH memo on colored PVC pipes marked with the phrase “CAUTION: the subject (5), farms cannot legally process human waste RECYCLED WATER–DO NOT DRINK,” so that the on-site for further use on food crops either by composting water is not confused with “potable” (drinkable) water it or by other treatment processes. Nor are farms allowed that is also permitted by DOH. And to repeat, Hawai‘i to apply, sell, or dispense on-farm-processed human waste Administrative Rules Title 11, Chapter 11, , for use in food production. Hawai‘i Administrative Rules states in §11-11-8 Vegetables (a) : “It shall be Title 11, Chapter 11, Sanitation that covers the fertilization unlawful to use human body discharges, whether in liquid of vegetables (and fruits) states, “(a) It shall be unlawful or solid form, as a fertilizer for plants raised for human to use human body discharges, whether in liquid or solid consumption.” This refers to human discharges that have form, as a fertilizer for plants raised for human consump- not been properly treated in a permitted facility. tion” (7). The DOH also confirms that it is unlawful to feed Unlike the prohibition on biosolids for the organic family, workers, volunteers, or friends, food that has come industry, the USDA National Organic Preogram does in contact with “homemade” or soil conditioners not prohibit the use of recycled “purple pipe” water (6). made from human discharges. Requirements for Facilities and Their Use Regulations Regarding the Use of Human on Food-Production Farms Wastewater in Food Production No state or federal agency expressly prohibits defecation In Hawai‘i, wastewater is recycled by permitted waste- in an active food production area by farm workers, vol- water facilities. Under specific conditions, government- unteers, students, or farm owners. Hawai‘i Department regulated recycled water can be used to irrigate food of Agriculture (HDOA) regulates some food-related crops. There are three categories of recycled water (8): issues on farms, but has no jurisdiction over the safety or integrity of the raw food, other than when a pesticide R-1 Water: Significant reduction in viral and bacterial is misused. Conversely, the DOH only regulates food pathogens. R-1 water can be used on all food and once it leaves the farm and enters the commercial market edible root crops and can come into contact with the (wholesaler, retailer, restaurant, farmers market). This edible portion of these crops. lack of expressed on-farm legal oversight exists even R-2 Water: Disinfected secondary-23 recycled water, though there is a danger of contaminating the crop with which means with disinfec- human pathogens. Further, there is no expressed ban on tion to achieve a median limit of 23 defecating in a 5-gallon bucket, or similar open vessel, coliform bacteria per 100 ml based on the last seven on a food farm. However, common sense dictates that days for which analyses have been completed. R-2 using this type of system is risky. The chance of transmit- water can be used for subsurface of food ting pathogens to food or food contact surfaces such as crops that are aboveground and not contacted by baskets, tools, tables, etc. would be higher than if a well- the recycled water. R-2 water can also be used on maintained toilet facility with sufficient hand-washing food crops that will undergo extensive commercial, facilities were used. physical or chemical processing if DOH determines The U.S. Department of Labor rules under the Oc- these processes kill all pathogens. cupational Safety & Health Administration (OSHA) R-3 Water: Nondisinfected secondary recycled water. R-3 require proper and hand-washing facilities on an water can be used for surface, drip, or subsurface irri- “agricultural establishment where eleven (11) or more gation of orchards and vineyards if the water does not employees are engaged on any given day in hand-labor come in contact with the edible portion of the crop or operations in the field (for 3 hours or more)” (1928.110(c) on food crops that will undergo extensive commercial, (2)) (9). Most farms in Hawai‘i, however, have on average physical, or chemical processing if DOH determines fewer than 11 employees. these processes kill all pathogens. This use must be A farm can use a toilet, according to DOH, discontinued at least 30 days before harvest. but it must abide by Hawai‘i Administrative Rules Chap-

2 UH–CTAHR Use of Human Wastes on Food Crops in HI: What Is Allowed & What Is Not FST-60 — Apr. 2014 ter 11-62. According to this rule, the compost toilet needs water, non-bar soap, and single-use paper towels. Good to be “NSF (National Sanitary Foundation, International) Agricultural Practices recommend these fundamental certified” (http://www.nsf.org/consumer-resources/ facilities, but they are still voluntary until the FDA Food green-living/wastewater-treatment-system-alternatives/ Safety Modernization Act of 2011 requires it of certain composting-toilets/) and designed by a licensed engi- sizes and types of farms nationwide. This regulation, neer. Normally, a compost toilet will be installed with a once in force, will also be applied to some farms that proper graywater system. Both need to be designed for import produce to the United States. installation by an engineer licensed to work in Hawai‘i. For more information on this rule and composting toilets, References contact DOH’s Wastewater Branch at 808.586.4294. 1. David F. Putnam. 1971. Composition and Concentra- tive Properties of Human Urine. NASA Contractor Selling Produce That Has Come in Contact With Report. July 1971. Human Discharges 2. L.E. Obeng Ambio. 1983. The control of pathogens The U.S. Food and Drug Administration (FDA) protects from human waste and their aquatic vectors. Vol. 12, the health of humans and animals as it is related to food, No. 2, Environmental Research and Management by authority of the Food, Drug and Cosmetic Act of 1934 Priorities for the 1980s, pp. 106–108. http://www. (FD&C Act). Under Title 21, Chapter 9, Subchapter IV, jstor.org/stable/4312882 Section 342, this Act prohibits the sale of food adulter- 3. Pathogen multiplication. http://textbookofbacteriol- ated with physical (such as bits of plastic, cigarette butts, ogy.net/growth_3.html splinters of wood, etc.); chemical (such as illegal pesti- 4. http://water.epa.gov/polwaste/wastewater/treatment/ cide, residues from cleaning produce, etc.); and biological biosolids/ contaminants, among others. Biological contaminants 5. DOH letter, “Use of Properly Treated Wastewaster include pathogens found in human discharges; therefore, Sludge or Biosolids as Fertilizer and Recycled Water these discharges must not be applied to food crops unless for Irrigation for Vegetables,” from Laurence K. Lau, properly treated in a licensed wastewater facility. In addi- December 27, 2007. tion, Hawai‘i Administrative Rules Chapter 50 §11–50-30 6. James Hollyer, Fred Brooks, Lindsay Fernandez- prohibits the sale of produce that is contaminated. Salvador, Luisa Castro, Donna Meyer, Ted Radovich, Steve Russo. 2013. The Allowed Use of Commercial Summary Fertilizers, Pesticides, and Synthetic Substances Human wastes in the form of biosolids can be used on on U.S. Farms Under the USDA National Organic non-certified organic food crops in Hawai‘i if the wastes Program. http://www.ctahr.hawaii.edu/oc/freepubs/ have been treated in legally permitted wastewater facili- pdf/FST-56.pdf ties. Recycled water, however, can be used for irrigation 7. Hawaii Administrative Rules. http://gen.doh.hawaii. on both organic and non-organic food crops if similarly gov/sites/har/AdmRules1/11-11.pdf treated. Farms can use compost toilets if they are NSF 8. Hawai‘i State Department of Health Wastewater approved and installed under the direction of an engineer Branch. 2002. Guidelines for the Treatment and Use licensed in Hawai‘i. Farms in Hawai‘i cannot legally pro- of Recycled Water. 239 pages. http://health.hawaii. cess or compost human waste or use, sell, or dispense it. gov/wastewater/files/2013/06/-final.pdf There are, however, no written state or federal restrictions 9. OHSA rules on toilets. https://www.osha.gov/ on humans defecating in active food production fields, pls/oshaweb/owadisp.show_document?p_ nor are there requirements for toilet facilities on farms table=STANDARDS&p_id=10959 with fewer than 11 workers. However, there are state and federal prohibitions on selling produce contaminated Note with untreated human waste. Farmers would reduce risk This fact sheet has been reviewed for accuracy by rel- to themselves and consumers of their produce by using evant members of the Hawai‘i Department of Health and proper toilets and hand-washing units that have potable Hawai‘i Department of Agriculture.

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