No. The farm in this example is exempt from registration. Moreover, the farm is exempt from
registration regardless of whether the clamshell is the container that the consumer receives. If the
strawberries are placed into clamshells that are not the containers that will be received by the
consumer, such activity is “packing” under 21 CFR 1.227. The definition of a “farm” in 21 CFR
1.227 includes farms that pack RACs, and so the farm would not have to register. Alternatively,
placing strawberries into a container that directly contacts the food and that the consumer receives
is “packaging” under 21 CFR 1.227, which is an example of manufacturing/processing.
However, the definition of “farm” provides that a farm may package and label RACs that are not
consumed on that farm or on another farm under the same management as long as the packaging
and labeling do not involve additional manufacturing/processing, so the farm in such case would
not have to register.
Furthermore, the truck that transports the workers and the filled containers off the farm is not a
facility that is required to register because it is holding the food only in its usual course of
business as a carrier (21 CFR 1.227, definition of “facility”).
