Small Farm FSMA Series – Part 1 of 4

The 1 Thing Every Farm Must Do

By: Stepheni Norton, San Diego Regional Food Safety Specialist

Last Updated March 19th, 2020

Regardless of size, every farm must perform a self-assessment to determine their Food Safety Modernization Act (FSMA) status.  So, we have created a few easy questions to help you do that.

FSMA is serious business, so we have a few disclaimers before we dig in.

  • These questions should help you determine your farms FSMA status, and give you a laugh or two.
  • They are only able to determine your status if you are honest with the answers.
  • After each question there is a mad-lib section, fill it in with your farm information.
  • Keep a copy of the completed assessment in your records and repeat annually.
  • Cheesy lines don’t store well, and will likely rot by next year. Here is a more formal assessment for your records.

MARY, MARY, QUITE CONTRARY

First things first, how does your garden grow? Do you ONLY grow produce or commodity crops that are rarely consumed raw?

Current FDA list includes: asparagus; black beans, great Northern beans, kidney beans, lima beans, navy beans, and pinto beans; garden beets (roots and tops) and sugar beets; cashews; sour cherries; chickpeas; cocoa beans; coffee beans; collards; sweet corn; cranberries; dates; dill (seeds and weed); eggplants; figs; ginger; horseradish; hazelnuts; lentils; okra; peanuts; pecans; peppermint; potatoes; pumpkins; winter squash; sweet potatoes; and water chestnuts; or food grains, including barley, dent- or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds (e.g. cotton seed, flax seed, rapeseed, soybean, and sunflower seed)

Yes? Chef’s must love you! You are likely a NOT COVERED FARM under the Produce Rule.

I, _____________________ (name), confirm that _______________(farm) only grows produce and commodity crops that are on the FDAs rarely consumed raw list.  Which is defined us as a Not Covered Farm. List of all crops grown in ________(year) attached.

_________________

Signature / Date

SMALL BUSINESS BIG HEART

Just freshly eaten produce, yum! Now let’s talk about money.

Looking at the sales of ALL the produce you grew and sold (just produce – not tours, events, value added products, etc) in the last 3 years (2016, 2017, 2018), was your annual average less than or equal to $27,528?

Yes? You are small but mighty, and you are likely a NOT COVERED FARM under the Produce Rule.

I, _____________________ (name) , confirm that in ______(year) _______________(farm)  three year gross average produce sales were $____________, Which is less than or equal the _____(year) Not Covered Farm average of $___________. Gross Sales Report for ______(year) attached.

_________________

Signature / Date

IS JAM YOUR JAM

Fresh food and great sales, way to crush it!

Is ALL the produce you grow and sale processed in a way that kills pathogens? (beer, wine, jelly’s jams, etc.?)

Yes? Mmm, tasty! You are likely FULLY EXEMPT under the Produce Rule.

I, _____________________ (name), confirm that _______________(farm) only grows produce that is processed in a way that kills harmful pathogens; and am fully exempt. Proof of processing attached.

_________________

Signature / Date

SHOP LOCAL

OK, jams are not your jam, they get your figures sticky anyway.  You still might be qualified exempt.

  1. Looking at the sales of ALL the food you grew and sold (food includes food beyond just produce, so animal products, grain, etc) in the last 3 years (2016, 2017, 2018), was your annual average less than or equal to $550,551?

AND

2. Was more than 50% of the value of those sales to qualified end users?

A “qualified end user” is: An individual consumer of food (not a business) or A restaurant or retail food establishment that is either in the same state as the farm or within 275 miles.

Yes to both? Thanks for being a local champion!  You are likely QUALIFIED EXEMPT under the Produce Rule.

No to one of those or both (#1 and #2)? Look at you global trotter, wanna share your secrets to success? No? That’s ok we understand.
You are likely subject to the FULL REQUIREMENTS under the Produce Rule.

I, _____________________ (name) , confirm that in ______(year) _______________(farm)  three year gross average produce sales were $____________, Which is less than or equal the _____(year) Qualified Exempt average of $___________. _________% of those sales were made to qualified end users within same state as the farm or within 275 miles of the farm.

_________________

Signature / Date

Now that we know your status, what’s next?

Download FSMA Annual Assessment file.