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About Exemptions

Information for Qualified-Exempt or Exempt Growers

Not all growers are fully subject to the FSMA Produce Safety Rule (PSR) — various exemptions exist for some growers depending on what they grow, whether it is processed, how much they sell, and whom they sell to.

University of Idaho Extension has developed a Decision Tool resource — an anonymous self-guided online questionnaire — to aid growers in deciphering their coverage under the rule.

Applying for Exemptions

Even if your operation is Exempt or Qualified-Exempt from the PSR, this status is not automatic and there are still requirements for documenting and maintaining an exemption. Individuals must apply with the Idaho State Department of Agriculture (ISDA) to obtain and annually maintain exemption.

Below are helpful forms for your operation to complete and submit to ISDA if you want to apply for one of the applicable exemptions.

Idaho State Department of Agriculture FSMA Produce Safety Verification Form (pdf)

  • It is recommended for all produce farms to file this form with ISDA.
  • This form is used by ISDA to identify your coverage under the PSR and it serves as the application for exemption for farms that fall under the Exempt and Qualified-Exempt categories (use the Decision Tool above to determine what you can apply for).
  • If you are unsure how the PSR applies to you after using the Decision Tool, this application will also prompt ISDA to contact you to guide you through your coverage under the PSR.

Average Annual Produce Sales Worksheet (pdf) — Farms that sell under $25,000 per year in total gross produce sales, averaged over a three-year period (adjusted for inflation), are not covered by the PSR. This form is for your personal use to help you determine your average produce sales over a three-year period and if you are covered by the PSR based on your sales bracket. Do not send this form to ISDA.

Qualified-Exempt Worksheet (pdf)

  • This form is for growers who sell over $25,000 in just produce sales (so they are covered by the PSR) but under $500,000 in total food sales (so they may qualify for an exemption still).
  • Under the PSR, if a farm sells less than $500,000 per year, averaged over a period of three years (adjusted for inflation), but over 50% of those sales were made to a Qualified End-User* you will qualify for a Qualified Exemption.
  • This worksheet is for your personal use to help determine how the PSR applies to you based on your food sales (all food, not just produce) over a three-year period and how to calculate what percentage of those sales to Qualified End-Users was.
*Qualified end-users are consumers of food or restaurants or retail food establishments that are in the same state or Indian reservation as the farm that produced the food, or not more than 275 miles from such farm. Both of the following requirements must be met for qualified exemption: (1) more than 50% of your average annual food sales are to qualified end-users and (2) annual food sales are less than $500,000. 21 CFR §112.5 (a)(1)(2)

These forms can also be accessed online on ISDA's website.

Submit applications to:

ISDA FSMA Produce Program
PO Box 7249
Boise, ID 83707

Or email to: FSMA@isda.idaho.gov

 

The following scenarios may help you determine if your farm/operation is exempt or qualified exempt from the FSMA Produce Safety Rule.

Contact

Food Safety for Produce Growers

Mailing Address:
University of Idaho Boise
322 E. Front Street, Suite 190
Boise, Idaho 83702

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