• FSMA Produce Safety Rule Exemption Guide

    Please read carefully and answer the following questions to identify if you will fall under the Food Safety Modernization Act (FSMA), Produce Safety Rule.After words, you will be notified of your farms status based on the information you have provided.

    If the Produce Safety Rule applies, we encourage all farms covered by the rule to fill out and submit a Farm Inventory Survey Form.

    This information is intended to be a general guide and should not be considered legal advice or validation of any exemption.  You are encouraged to review the Produce Safety Rule in its entirety to determine how it may apply to your farm, or contact ProduceSafety@TexasAgriculture.org for more information.

  • FSMA Produce Safety Rule:

     

    The definition of a ‘farm’ is clarified to cover two types of farm operations. Operations defined as farms are not subject to the preventive controls rule. 


    Primary Production Farm: This is an operation under one management in one general, but not necessarily contiguous, location devoted to the growing of crops, the harvesting of crops, the raising of animals (including seafood), or any combination of these activities. This kind of farm can pack or hold raw agricultural commodities such as fresh produce and may conduct certain manufacturing/processing activities, such as dehydrating grapes to produce raisins and packaging and labeling raisins.

    Secondary Activities Farm: This is an operation not located on the Primary Production Farm that is devoted to harvesting, packing and/or holding raw agricultural commodities. It must be majority owned by the Primary Production Farm that supplies the majority of the raw agricultural commodities harvested, packed, or held by the Secondary Activities Farm.


    This definition for a Secondary Activities Farm was provided, in part, so that farmers involved in certain formerly off-farm packing now fit under the definition of “farm,” as the packing is still part of the farming operation. In addition to off-farm produce packing operations, another example of a Secondary Activities Farm could be an operation in which nuts are hulled and dehydrated by an operation not located at the orchard before going to a processing plant. If the farmer that owns the orchards and supplies the majority of the nuts is a majority owner of the hulling/dehydrating facility, that operation is a Secondary Activities Farm.


    **Primary Production and Secondary Activities Farms conducting activities on produce covered by the Produce Safety Rule will be required to comply with that rule.** 

  • Calculate your 3 year average here.

  • For Relevant Terms and Concepts from the Produce Safety Rule, see page two of this document.

    • Click here to see the list of 'rarely consumed raw' produce 
    • Asparagus

      Beans:

      Black 
      Great Northern
      Kidney
      Lima
      Navy
      Pinto

      Garden Beets
      Cashews
      Cherries, Sour
      Chickpeas
      Cocoa Beans
      Coffee Beans
      Collards
      Corn, Sweet
      Cranberries
      Dates
      Dill (seeds and weeds)
      Eggplants
      Figs
      Ginger
      Horseradish
      Lentils
      Okra
      Peanuts
      Pecans
      Peppermint
      Potatoes
      Pumpkins
      Squash, Winter
      Sweet Potatoes
      Sugar
      Winter Chestnuts

  • To be eligible for a qualified exemption, the farm must meet two requirements:

    1.) The farm must have food sales averaging less than $500,000 per year during the previous three years.

    2.) The farm’s sales to qualified end-users must exceed sales to all others combined during the previous three years. A qualified end-user is either (a) the consumer of the food or (b) a restaurant or retail food establishment that is located in the same state or the same Indian reservation as the farm or not more than 275 miles away.

  • We are ready to determine your exemption status:

    Please click the submit button below to see if you qualify for an exemption.

     

     

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