If you are a farmer, you have most likely heard about the Food Safety Modernization Act, or FSMA, by now. If you are not a farmer, you probably do not know that food safety regulations are going through a big change. The FSMA, which was passed in 2011, is considered the largest update to food safety regulation in over 80 years.

The proposed produce safety rule under the FSMA is very robust, establishing the minimum standards for worker training, health and hygiene, agricultural water use, animal soil amendments, on-farm domesticated and wild animals, equipment, tools, buildings, and sprout production.

But this new rule will not apply to all farmers. The commodities they produce and the value of their produce sold will ultimately dictate whether they will need to comply.

First, the rule does not apply to produce that is not a raw agricultural commodity, or commodities the Food and Drug Administration (FDA) has identified as “rarely consumed raw.” Secondly, if a farm has an average value of produce sold of $25,000 or less within the previous three years, they are also exempt.

If the farmer produces an agricultural commodity in which the rule applies and the value of their produce sold is over $25,000, it is still possible the farm will be exempt from most of the requirements.

Fresh cucumbers, for example, are considered a raw commodity. But cucumbers that will undergo further processing, such as for pickling, would be eligible for exemption from the produce rule. Photo by Molly Jameson.

For instance, if the average annual monetary value of food sold directly to qualified end-users was more than the average annual value of the food sold to all other buyers within the previous three-year period, the farmer would meet the first half of exemption eligibility.

What is a “qualified end-user”, you ask? They are considered the consumers of the food, or restaurant or retail food establishment, located with the same state as the farm that produced the food (or no more than 275 miles).

But even if farmers meet the above exemption eligibility standards, they must also meet the second requirement. That is, the average annual monetary value of all food sold during the three-year period must be less than $500,000, when adjusted for inflation.

If this all sounds confusing, you are not alone! This is why the FDA developed a chart to help farmers determine if they will be exempt: Standards for Produce Safety – Coverage and Exemptions/Exclusions for Proposed 21 PART 112.

Whether farms will be exempt from the FSMA produce safety rule or not, it is always a good idea to follow good agricultural practices and to have a farm food safety plan. To learn more about food safety on farms, view the EDIS document Food Safety on the Farm: An Overview of Good Agricultural Practices.

If you are a farmer, or know someone who would benefit from having a food safety plan, the UF Small Farms Academy Extension Agents are offering a Building Your Own Farm’s Food Safety Manual Workshop in Tallahassee to help growers develop their own food safety manuals.

The workshop is tailored to fresh fruit and vegetable farms, fields, or greenhouses and is partially supported by a grant through the Florida Specialty Crops Block Grant program from the Florida Department of Agriculture and Consumer Service.

The registration fee is $35 for the first person representing a farm and $15 for an additional attendee from that farm. The workshop is limited to 20 farms on a first come, first serve basis.

The workshop will take place at the Amtrak Station, County Community Room, 918 Railroad Ave, in Tallahassee, FL, on Tuesday, May 23, 8:00 a.m. to 4:00 p.m. Register on Eventbrite by following this link: https://farmfoodsafetymanualworkshop.eventbrite.com

Please note, this class will help farmers develop their farm’s food safety manual, but it does not fulfill the new FDA FSMA one-time training requirement.