Produce farms that meet one or more of the exclusion criteria below are considered excluded and are not required to comply with the Produce Safety Rule or undergo produce safety farm inspections. Excluded produce farms are encouraged to refer to the Rule and supplemental material for guidance on produce safety best practices.
Note: exclusion status under the Produce Safety Rule does not exclude a farm from prohibitions on distributing adulterated food under the federal Food, Drug, and Cosmetics Act or other applicable state and/or federal law.
Farms with average annual produce sales less than $25,000 over the previous three-year period (adjusted for inflation using 2011 as a baseline). 21 CFR § 112.4(a).
The $25,000 inflation adjusted cut-off is updated annually by FDA.
Farms that only grow, harvest, pack, and/or hold produce that FDA considers rarely consumed raw. 21 CFR § 112.2(a).
Rarely consumed raw produce includes:
asparagus • beans (black, great Northern, kidney, lima, navy, pinto) • beets, garden (roots and tops) • beets, sugar • cashews • cherries, sour • chickpeas • cocoa beans • coffee beans • collards • corn, sweet • cranberries • dates; dill (seeds and weed) • eggplants • figs • ginger • hazelnuts • horseradish • lentils • okra • peanuts • pecans • peppermint • potatoes • pumpkins • squash, winter • sweet potatoes • water chestnuts
Farms with produce that is produced by an individual for personal consumption or for consumption on the farm or another farm under the same management. 21 CFR § 112.2(a).
Excluded farms are encouraged to enroll in the Produce Portal.
Access produce safety resources to enhance produce safety practices on your farm and to assist with regulatory compliance.
An Agency subject matter expert can provide one-on-one educational and technical assistance on regulatory requirements and produce safety best practices
The Produce Safety Rule establishes science-based minimum food safety standards for the safe growing, harvesting, packing, and holding of fruits and vegetables. The Rule was adopted in Vermont statutes under 6 VSA Chapter 66.
March 2019: FDA announced an enforcement discretion policy for farms that only grow, harvest, pack, and/or hold hops, wine grapes, pulse crops, and almonds. Farms under this enforcement discretion policy are not required to comply with requirements of the Produce Safety Rule.