Yes. Assuming that the farm on which the tomatoes are grown otherwise satisfies the definition
of “farm” (21 CFR 1.227), it is exempt from registration. If the primary activity of the roadside
stand is selling food (including the tomatoes) directly to consumers, it is exempt as a “retail food
establishment” (see 21 CFR 1.227). The term “retail food establishment” is defined in 21 CFR
1.227 as “an establishment that sells food products directly to consumers as its primary function.
The term “retail food establishment” includes facilities that manufacture, process, pack, or hold
food if the establishment’s primary function is to sell from that establishment food, including food
that it manufactures, processes, packs, or holds, directly to consumers. A retail food
establishment’s primary function is to sell food directly to consumers if the annual monetary value
of sales of food products directly to consumers exceeds the annual monetary value of sales of
food products to all other buyers. The term “consumers” does not include businesses. A “retail
food establishment” includes grocery stores, convenience stores, and vending machine locations.
A “retail food establishment” also includes certain establishments located on farms and farm operated
businesses selling food directly to consumers as their primary function. For a discussion
of “retail food establishments,” please see Section B.2 in this document.
