MSU Extension breaks down revised FSMA exemptions

New rules are here for produce growers. As many growers are aware, the Food Safety Modernization Act (FSMA) for the first time regulates the growing of fresh produce under the U.S. Food and Drug Administration (FDA). FSMA spans over 500 pages and is extremely complex. Part of this complexity begins when growers try to determine if they are exempt or qualify under the rule.

The federal government has determined all growers that gross less than $25,000 are considered exempt from the rule. Those growers who gross between and $25,000 and $500,000 are considered “Qualified exempt” under FSMA. They have been given an extended timetable for implementation of the rules on their farm and, by all indications, will have to comply just like those businesses that gross more than $500,000 with one notable exception. If growers are under that $500,000 and sell the majority of the products directly to a restaurant or retail food establishment in the same state or within 275 miles, they are exempt.