FDA developed a quick reference guide for understanding exemptions. This resource is available in English and Spanish.
Produce Safety Rule Exemptions
Phone (360) 902-1848
Email producesafety@agr.wa.gov
FDA incorporated flexibility into the Produce Safety Rule through extended compliance dates and exemptions to help minimize the economic and resource burden on small and very small farms.
Exemptions are based on farm sales, products and markets (where farms are selling their produce). Generally, farms that sell less than $500,000 annually and sell primarily through direct-to-consumer market (i.e. CSA, farmers markets, online sales, etc.) are likely eligible for an exemption and should consult the resources below for clarification.
All farms claiming an exemption must keep sales records. From these records, farms should be able to determine their types of customers and how much they sell of produce and other food products (i.e. dairy, eggs, meat, grains, value-added products, etc.). Every year farms should calculate their average annual sales over the previous three years and compare those to FDA's inflation-adjusted exemption thresholds.
Exemptions are based on farm sales, products and markets (where farms are selling their produce). Generally, farms that sell less than $500,000 annually and sell primarily through direct-to-consumer market (i.e. CSA, farmers markets, online sales, etc.) are likely eligible for an exemption and should consult the resources below for clarification.
All farms claiming an exemption must keep sales records. From these records, farms should be able to determine their types of customers and how much they sell of produce and other food products (i.e. dairy, eggs, meat, grains, value-added products, etc.). Every year farms should calculate their average annual sales over the previous three years and compare those to FDA's inflation-adjusted exemption thresholds.
Produce Safety Rule Status Tool
We developed the Produce Safety Rule Status Tool to help farms understand their regulatory status. It's an interactive series of questions that walks farms through sales, market and product-based exemptions.
Farms that submit their regulatory status at the end will receive a written WSDA notice that verifies and explains their compliance requirements.
Farms that submit their regulatory status at the end will receive a written WSDA notice that verifies and explains their compliance requirements.
Exemption Flowcharts
FDA exemption criteria can be complicated. These resources provide a step-by-step guide to help farms understand their status. For case-specific questions, please reach out to us at producesafety@agr.wa.gov.
WSDA featured an extended version of the FDA flowchart with more background and detail in their publication, “Bridging the GAPs Farm Guide for Small and Diversified Farms.”
Qualified Exemption
Modified Requirements
Qualified exempt farms must follow a modified (and reduced) set of requirements.
- Keep sales records and annually verify and document their qualified exemption status. This requirement went into effect January 2016.
- Prominently label their produce with the name and complete business address of the farm where the food was grown. If a food packaging label is required, the farm name and address must be printed on the label. If there is no packaging label (for example selling loose produce at the farmers market), the farm name and address must be displayed at the point of purchase, such as on a banner, sign, invoice, etc. This requirement went into effect January 2020.
Qualified exempt farms are exempt from all other aspects of the regulation, however farms must be diligent in their recordkeeping as this status can change annually.
Additionally, FDA retains the right to remove a farm's qualified exemption status if it determines the farm poses a significant risk to public health, for example by being identified as a source of a foodborne illness outbreak.
Recordkeeping Template
The Produce Safety Alliance (PSA) developed a template farms can use to accurately record their annual average sales. See 'Qualified Exemption Review Template'.
Frequently Asked Questions
Will small produce farms be inspected?
Farms that meet exemption criteria, meaning they are either qualified exempt or micro exempt (they sell less than $30,509 average annual produce sales for 2020-2022), will not undergo routine WSDA Produce Safety Program inspections. However, these farms must keep sales records to provide verification if requested by WSDA or FDA.
Do exempt farms have to take the PSA Grower Training?
The Produce Safety Alliance (PSA) Training is optional for farms who are micro exempt or qualified exempt. However, the training provides a very comprehensive overview of current produce safety standards, including FSMA requirements and Good Agricultural Practices (GAP) required by some buyers. It would be a great course for any farm who wants to move towards FSMA compliance and safer production and handling practices. More information on this training can be found the Produce Safety Program Training page.