Farms selling direct exempt from regulation as food facilities

A new FDA regulation, issued as part of implementation of the Food Safety Modernization Act, says farms and farm-operated businesses that sell directly to customers are exempt from regulation as food facilities, a category aimed at processing plants. The National Sustainable Agriculture Coalition said the regulation would prevent undue regulation of small farms.

“For family farmers, one of the most concerning things about the the FSMA rules has been this confusion over classification of farms and registration requirements,” said Sophia Kruszewski of NSAC. On first glance, said Kruszewski, the FDA regulation will “shield local food producers who directly market to consumers from ill-fitting federal requirements,” such as a preventive-controls rule that mandates a written plan to prevent food contamination, monitoring and record-keeping.

Roadside stands, farmers markets and community-supported agriculture will benefit from the exemption, said NSAC, a small-farm advocacy group.

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