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Coverage Under the Produce Safety Rule
When we say that a type of produce, a produce-growing activity, or a farm or orchard is “covered” under the regulation, we mean that growers who meet the criteria for coverage will need to comply with the farm food safety standards written in the regulation. Not all produce or growing activities are covered. Home gardens are not regulated.

To see where your produce operation fits in the new FSMA PSR scheme, utilize the following tools to determine your operational status:
  1. Decision Tree
  2. Basic Exemption
    For growers with $25,000 or less (inflation adjusted yearly) of annual produce sales
    1. Worksheet
    2. Affidavit (filed annually)
  3. Qualified Exemption
    For growers who may fall under $500,000 in gross produce or combined agricultural sales who may have sales of exempt product(s) and/or direct or processing sales
    1. Worksheet
    2. Affidavit
  4. Inspection Qualified
    If you think you need an inspection, contact the Produce Program Manager at (304) 558-2226 or email produce@wvda.us and we will review your operation to see if that is indeed the case. Expect that we will recommend an On Farm Readiness Review prior to inspection and check out the FDA’s factsheet to help you prepare for your visit.

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