A number of maple sugar makers operate from their own property, on which their private residence is also located. Are these maple sugar makers required to register the facility that is on their property and used for maple sugar production?

Under 21 CFR 1.227, a private residence is not a “facility” and thus, is not required to register. A
private residence must meet customary expectations for a private home and does not otherwise
include commercial facilities in which a person also happens to reside. A private residence
includes the parcel of real property on which the residence is located. Accordingly, if the maple
sugar production occurs in the private home or in a detached building that meets customers
expectations for use as part of the private home, such as a detached garage that has not been
modified for manufacturing and processing so that it can no longer practically be used as
customary for a garage, the home or building would not have to register. If, however, a separate
building located on the real property of the private residence site is used as a maple sugar
manufacturing or processing facility and does not have a use as customarily expected for a private
residence, that facility must be registered, unless that facility qualifies for another exemption
(e.g., as a farm or retail food establishment; see 21 CFR 1.227).