The proposed rule would define “farm” and “mixed-type facility” (see above). Farms and
farm mixed-type facilities that have an average annual monetary value of food sold
during the previous 3-year period of more than $25,000 (on a rolling basis) would be
“covered farms” under the proposed rule, unless they are eligible for the qualified
exemption (see below) and FDA has not withdrawn their qualified exemption.
The proposed rule would not apply to farms that have an average annual value of food
sold during the previous 3-year period of $25,000 or less. FDA notes, however, that
these farms are and will continue to be covered under the adulteration provisions and
other applicable provisions of the FD&C Act, whether or not they are included within the
scope of this proposed rule.
