Annalisa Hultberg, Extension Educator, Food Safety
If your farm is eligible for an exemption from the FSMA Produce Safety Rule based on where you sell your food and how much you sell, it is not subject to routine inspections or the majority of provisions of the rule. However your farms might have labeling, signage, and recordkeeping requirements that went into effect January 1, 2020. Read more about those requirements here.
Farm Status Categories for the FSMA Produce Safety Rule
Three categories your farm can fall under for the FSMA Produce Safety Rule
Basically, if your farm is in the middle category, your farm is eligible for an exemption from the FMSA Produce Safety Rule.
How do you know if your farm is in the middle "qualified exempt" category? If your farm had between $27,528 and $550,551 (these figures are adjusted for inflation and change each year) in food sales per year, averaged over the past three years AND more than 50% of those sales were to a ‘qualified end user’, then your farm is eligible for a qualified exemption from the federal produce safety rule. A qualified end user is basically the consumer, at a farmers' market, CSA, farm stand etc, or a retail establishment like a restaurant or grocery store. (See factsheet at the end of this article for the more complete language and definitions).
If your farm is in this category it will not be subject to routine inspection, and you don't have to follow the majority of the provisions in the rule.
Labeling and Signage Requirements
If your farm is "qualifed exempt" from the FSMA Produce Safety Rule, you do, however, have labeling, signage, and recordkeeping requirements that went into effect January 1, 2020. These labeling requirements are so that if there is an outbreak traced back to your farm there is a way to connect your farm to the product.
1.) When a food packaging label is used, you must prominently display on the label the name and the complete business address of the farm where the produce was grown. The complete business address must include the street address or post office box, city, state, and zip code of the farm.
Strawberries that have a label that includes
complete business address of where the produce was grown
Photo: Emily Tepe
2.) When you sell produce that doesn’t require a label, you must prominently display the name and complete business address of the farm where the produce was grown at the point of purchase, like at a farmers' market or roadside stand.
This can be on a sign, poster, placard, or on documents delivered with the produce, and can be handwritten or printed.
In the case of internet sales, this can be an electronic notice.
The complete business address must include the street address or post office box, city, state, and zip code of the farm.