Produce Safety Rule - Register Your Farm or Business

Overview

The Food Safety Modernization Act (FSMA) Produce Safety Rule (PSR) was adopted into law in 2016 and is currently being implemented. The Maryland Department of Agriculture’s (MDA) Food Quality Assurance Program (FQAP) has implemented a farm registration process for all Maryland farms/operations growing, harvesting, packing, or holding produce. Produce is defined as any fruit or vegetable (including mixes of intact fruits and vegetables) and includes mushrooms, sprouts (irrespective of seed source), peanuts, tree nuts, and herbs.

This farm registration allows MDA to provide resources to regulated farms and businesses and exclude farms that are not required to comply with the PSR.

If you are a farm/operation growing, harvesting, packing, or holding produce, the following information will help you to find the appropriate registration form(s) for your farm/operation.

Registration for All Produce Farms

The Maryland Department of Agriculture is compiling an inventory of farms located in the state that may be covered under the Produce Safety Rule. Registering will allow us to provide technical assistance and outreach about important compliance information and program updates, as well as better allocate resources for inspections. Please complete the inventory registration form even if you are filing for an exemption or qualified exemption.

FSMA Produce Safety Rule Registration Form - PDF - 471.49 KB

This is a one-time registration for all farms/operations that are growing, harvesting, packing, or holding produce. Any significant ownership, address, and/or financial changes made to your farm/operation may result in the need to submit a new registration form.

This required registration includes both farms covered by the PSR and produce farms that may be exempt from the PSR.

Additional Registration Forms for Exempt Farms

For some Maryland produce farmers, an additional registration form may be required if exempt from the PSR or applying for a qualified exemption.

This documentation must be completed and submitted annually, unless stated otherwise. Exempt farms need to keep three years of sales records to maintain exempt status.

Exemptions
If your operation…	Then fill out this exemption form...
Has a 3-year (2023-2025) average of gross produce sales less than $34,3241*...	Produce Average Monetary Value Exemption Registration - PDF - 2.19 MB form******
Either (1) only grows produce that is rarely consumed raw**; OR (2) only grows produce for personal or on farm consumption only; OR (3) only grows produce that is not a raw agricultural commodity…	Non-Covered Commodities Exemption Registration form*******
Only grows produces that receives commercial processing***...	Commercial Processing Partial Exemption form*******
(1) Has a 3-year (2023-2025) average of gross food** sales between $34,324-$686,476; AND (2) a majority of gross food sales (by value) are sold to Qualified End Users*** not more than 275 miles from your farm…	Qualified Exemption Registration form******

The “Worksheet” portion attached to the exemption forms [page 1] are for your records only. DO NOT submit the financial worksheet portion to MDA. It is the responsibility of each farm to demonstrate, through records, that they meet the requirements of an exemption.

* Average sales from 2023-2025, adjusted for inflation each year. These values are updated annually by the FDA. Updated exemptions forms for the current year should be available by May.

** The following exhaustive list is produce that is rarely consumed raw: Asparagus; beans, black; beans, great Northern; beans, kidney; beans, lima; beans, navy; beans, 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; and water chestnuts.

*** Commercial processing that adequately reduces the presence of microorganisms of public health significance (e.g. baking, boiling, bottling, canning, cooking, cooling, cutting, distilling, drying/dehydrating raw agricultural commodities to create a distinct commodity (such as drying/ dehydrating grapes to produce raisins), evaporating, eviscerating, extracting juice, formulating, freezing, grinding, homogenizing, labeling, milling, mixing, packaging (including modified atmosphere packaging), pasteurizing, peeling, rendering, treating to manipulate ripening, trimming, washing, or waxing).

**** Food encompasses anything for human or animal consumption e.g., produce, eggs, dairy, meat, honey, processed or homemade foods (jams, pickled items, baked goods…) beverages, foods/drinks purchased for resale (commercially produced and/or purchases from other farms), sales of live food animals, and animal feed such as pet milk, hay, silage, and grain.

***** Qualified End Users are people who will consume/eat the food they are buying from the farm. Such consumers include those that buy from you at a farm stand, farmers market, through Community Supported Agriculture (CSA), through the internet or any other direct marketing channel. This also includes sales the farm made to retail food establishments (grocery stores that you deliver to directly) and restaurants within 275 miles of your farm. This does not include wholesale distributors, brokers, produce auctions, and any sales more than 275 miles from the farm.

****** This documentation will need to be completed annually, or it will be assumed you are covered by the PSR and subject to inspection.

******* This documentation will need to be reviewed annually, and applicable documentation submitted if farm operations begin growing covered produce to qualified end users.

Where to Submit Forms

Completed forms can be submitted by email to [email protected] or mailed to:

Maryland Department of Agriculture - Food Quality Assurance Program
50 Harry S. Truman Parkway
Annapolis, MD 21401

For any questions or to request a hard copy of these forms please call the Food Quality Assurance Program at 410-841-5769.

Additional Resources for Farms/Operations

University of Maryland Extension Office - Connect with your local extension agent.
Weekly Food Safety Newsletter for Maryland Farmers. This newsletter covers, current topics, upcoming events & meetings, available courses, and general information.
Nutrient Management Program - Farm operations that are utilizing fertilizers and/or managing animal waste are required to have a nutrient management plan.
Pesticide Applicator Certification - For anyone who purchases or uses Restricted Use Pesticides. A farmer who uses Restricted Use Pesticides on their own farm would need a Certified Private Pesticide Applicator License, while a professional contractor who uses pesticides on other people's farms would need a Certified Commercial Pesticide Applicator License.
Maryland Department of Health - Farm operations that participate in on-farm processing, cottage foods, farmers markets, Community Supported Agriculture (CSA), selling meat(s), dairy, honey, and/or eggs… please reach out to your local health department to inquire about any additional requirements and/or licensing that may be needed.
Egg Producer/Packer Registration - Farms that sell eggs are required to register as a producer/packer.