Annalisa Hultberg, Extension Educator, food safety
Food safety is a critical part of all produce farm operations to protect your customers from foodborne illness, and your farm from potentially being involved in a foodborne illness outbreak.
As a reminder, the Produce Safety Rule is a federal law and is part of the federal Food Safety Modernization Act (FSMA) that was passed in 2015. The rule sets, for the first time, science-based standards for growing fruits and vegetables for human consumption. Fruit and vegetable farmers that grow, pack, harvest and/or hold produce and that do not qualify for an exemption or exclusion are required to comply with the Rule.
While food safety is important for all farms, the FSMA Produce Safety Rule regulations only apply to some farms.
Your farm will fall into one of three categories under the Produce Safety Rule:
Not Covered / Exempt from the rule
If your farm’s adjusted average annual produce* sales during the previous 3-year period were less than $25,000**, your farm is not subject to the Produce Safety Rule.
*What is included in produce? Produce sales include all sales of fruits, vegetables, nuts, herbs, and mushrooms, including those that will be processed with a “kill step” or are rarely consumed raw
**Note that the $25,000 figure is adjusted for inflation, and the current figure is $29,245.
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Qualified Exempt
If your farm’s average annual produce sales during the previous 3-year period were more than $25,000 (adjusted for inflation), the next step is to determine where you sold your food to determine if you are eligible for a partial exemption from the rule.
Your farm may qualify for a partial exemption from the Produce Safety Rule if:
- Your adjusted average annual food sales were less than $500,000*;
AND - More than 50% of food sales were to qualified end users**
*Note that the $500,000 figure is adjusted for inflation, and the current figure is $584,908
**What is a qualified end user? The consumer of the food, such as customers of a farmers’ market or a CSA, regardless of location; or, a restaurants or retail food establishments such as grocery stores as well as some schools, located in the same state or Indian reservation as the farm, or within 275 miles of the farm.
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Fully Covered
If your farm’s adjusted average annual produce sales are more than $25,000 (adjusted for inflation) and you do not meet the criteria to be qualified exempt as detailed above based on where you sell your food, your farm is likely fully covered by the Produce Safety Rule. Your farm is fully covered if you grow, harvest, pack, or hold covered produce and:
- Your adjusted average annual produce sales during the previous 3-year period were more than $25,000, and less than 50% of food sales were to qualified end users. (i.e. the majority of your food went to a distributor, food hub or other buyer who did not meet the definition of a qualified end user)
OR - Your adjusted average annual produce sales during the previous 3-year period were more than $25,000, and your adjusted food sales were over $500,000.
My farm is exempt from the rule. What is next?
If your farm is not subject to any Produce Safety Rule regulations, you should keep sales records to demonstrate that your farm falls under this category. Of course, Good Agricultural Practices (GAPs) are important on even the smallest farm. You still are required by law to not sell food that is known to adulterated. Furthermore, there might be buyer requirements to meet, like having a food safety plan or getting a GAP audit. Attend a GAP or FSMA training to protect your farm and customers (winter 2022/23 trainings will be announced soon from UMN Extension.)
My farm is eligible for a "qualified exemption". What is next?
If your farm is eligible for a qualified exemption, you are not subject to most of the requirements in the produce safety rule. You need to keep sales records to demonstrate that your farm is qualified exempt, review your records annually to confirm your farm still meets the exemption requirements, and make them available upon request.
You also need to follow some modified labeling and signage rules. For more information, please see Labeling and Signage Rules for Qualified Exempt Farms.
My farm is fully covered by the FSMA rule. What is next?
Take a FSMA Produce Safety Rule Grower Training course. This course meets the training requirement for farms that are covered under the rule. These trainings are co-hosted by the UMN Extension and MDA Produce Safety Program and will be hosted both in person and online this winter in MN, and will be made available for registration soon here on the MDA Produce Safety Program website.
Your farm will be subject to inspection from the MDA Produce Safety Program. The program will work with you to set up the inspection ahead and time, and the training will provide you with all the information you need to be ready for the inspection. Use the pre-inspection checklist.
Sign up for the Produce Safety Program e-newsletter for more information from the MDA Produce Safety Program.
Upcoming GAPs trainings and more resources
University of Minnesota Extension will be hosting a number of in-person and online GAPs trainings for all farms this winter. These will be announced soon. All growers are encouraged to attend, including those that are not covered, are qualified exempt, or are interested in learning about produce safety and Good Agricultural Practices (GAPs).
All fruit and vegetable growers are encouraged to fill out the Annual Grower Questionnaire to document your status with the MN Department of Agriculture. This is will help you understand and document your status under the rule.
More resources
Use this new tool from Oregon Department of Agriculture that will ask a series of questions to determine your status under the Produce Safety Rule.
Watch a short video from UMN Extension that describes these status categories
To read more about the FSMA rule, and for a printable factsheet version of this article: see this factsheet. (Spanish version) (Hmong version)
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