Meeting FSMA Produce Safety Rule Regulations
- The rule does not apply to certain specified
produce commodities that are rarely consumed raw. You can find the list of
produce not covered by the regulation in § 112.2.
- The rule does not apply to produce that is
used for personal or on-farm consumption, or that is not a raw agricultural
commodity (RAC).
- The rule provides an exemption for produce
that receives commercial processing that adequately reduces the presence of
microorganisms of public health significance (e.g., via a “kill step”) as long
as certain disclosures are made and written assurances are received, with appropriate
documentation.
- The rule does not cover produce farms that
have an average annual value of produce sold during the previous three-year
period of $25,000* or less.
- The rule provides a qualified exemption and
modified requirements for farms that meet two requirements: (1) the farm must
have food sales averaging less than $500,000* per year during the
previous three years; and (2) the farm’s sales to qualified end-users must
exceed sales to others.
Produce Safety Inspections
Produce Safety Inspections The first major compliance date for large farms subject to the Produce
Safety Rule, other than sprout operations, arrived on January 26, 2018
(Large farms sell an average of more than $500,000 a year in produce).
*See
the FSMA Inflation Expanded Cut Offs for the value adjusted for inflation and
averaged over three years.
A qualified end-user is
either: (1) the consumer of the food or (2) 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. Instead, these farms are required
to include their name and complete business address either on the label of the
produce that would otherwise be covered (if a label is required under the
FD&C Act and its implementing regulations) or to display the same
information at the point-of-purchase. These farms are also required to
establish and keep certain documentation (See § 112.7).For
complete information regarding FSMA Produce Safety Rule compliance, please see
the following:
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