Federal Food Safety Modernization Act

This page is dedicated to information about the implementation of the FDA's new regulations under the federal Food Safety Modernization Act (FSMA).  For history on the statute and regulations, see the action alerts and updates posted on our federal food safety page.

We created the flowcharts below to help you determine whether or not you are exempt from the FSMA regulations.  For those who are not exempt,  we have partnered with Texas Organic Farmers and Gardeners Association to conduct compliance workshops during our annual Conference and elsewhere. Check our Events Listing to find out if there is a workshop scheduled near you.

FSMA News & Updates

FARFA Continues Its Lawsuit Against Texas Department of Agriculture

January 17, 2023

Farm and Ranch Freedom Alliance continues to pursue its lawsuit against the Texas Department of Agriculture (TDA), challenging the agency’s improper and unconstitutional new rule to implement the…

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Proposed FDA rule threatens small farms & food businesses

February 9, 2021

Updated February 23, 2021   UPDATE: Read FARFA’s comments here.  While the public comment period ended on 2/22/2021, we will continue working for badly needed reforms…

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Tell your legislators to protect small farms

January 29, 2021

Published January 29, 2021     In the midst of the COVID pandemic, the Texas Department of Agriculture (TDA) is insisting on inspecting small produce farms…

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Produce growers get a break from FDA … but Texas Ag Dept. doubles down

May 26, 2020

On Friday, the FDA announced that during the COVID-19 public health emergency, it will provide flexibility on the criteria for farms to be “qualified exempt” under…

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Don’t risk not knowing how FSMA affects your farm! Enforcement has begun.

January 30, 2020

Do you understand the impact of the Food Safety Modernization Act (FSMA) on YOUR farm?  If not, you’re not alone – many farmers don’t. But time has…

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FARFA files lawsuit against Texas Department of Agriculture

December 20, 2019

  On Friday, Dec. 20, 2019, Farm and Ranch Freedom Alliance filed a lawsuit against the Texas Department of Agriculture (TDA), challenging the agency’s improper and…

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Texas Begins Enforcement of Produce Safety Rule – Including for Exempt Farmers

October 24, 2019

The Texas Department of Agriculture (TDA) has published its final rule on how it will implement the federal Produce Safety Rule in Texas, posted online HERE….

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Don’t let Monsanto decide if its GMOs are “safe” or not

July 25, 2019

The USDA is proposing rules that would allow chemical companies such as Dow and Bayer/Monsanto to determine the safety of their own genetically engineered plants. These…

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Help Rein in the Texas Dept. of Ag.

March 4, 2019

Senator Hall has filed a bill to rein in the Texas Department of Agriculture’s (TDA’s) overreach, and we need your help to move it forward! 1)  The…

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FARFA’s comments to TDA on FSMA implementation

January 29, 2019

On July 29, 2019, FARFA sent the following comments to the Texas Department of Agriculture in response to the TDA’s proposed implementation of the federal Food…

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Do the FSMA rules apply to me?

These flowcharts cover two of the main rules under FSMA: the Produce Safety Rule and the Facilities (HARPC) Rule for Human Food. We are in the process of creating a chart for the Facilities Rule for Animal Food.  Remember that FSMA includes other provisions that may impact your farm or food business - these flowcharts cover only the two main rules, not every aspect.

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Flowcharts

Start with Part I of each flowchart. If Part I indicates that the rule may apply to you, then go to Part II to learn more.

These flowcharts are not legal advice.

The actual legal requirements that apply to your farm or your food business will depend on the specifics of your operation. We encourage you to consult with an attorney on any questions you may have about your farm or food business.

For Farmers

If you are a farmer, please work through both flowcharts. Some farms may not be subject to either rule, some farms may be subject to just the Produce Safety Rule, and some farms may be subject to both the Produce Safety and the HARPC Rules because of how narrowly FDA defines "farms."

These flow charts only address the applicability of the rule - i.e. whether or not a type of farm or food business is subject to the new regulatory provisions. The Farm and Ranch Freedom Alliance is working on guidance to help farmers and food businesses that are subject to the rules to understand what is required.

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Is my farm regulated under the proposed FSMA Produce Safety Rule?

Am I subject to the HARPC Rule?

Join us in our efforts by becoming a member today!

How do we win the fight to protect our farms and our food? By speaking up.

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